The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor applied for amendments to the indictment to the effect that the prosecutor added “Article 71 of the Act on the Safety and Health of Industry” to “Article 71 of the Act applicable in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court,

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 268 of the Criminal Act in relation to the crime (the point of view of occupational and dental history), Article 71, Article 67 subparagraph 1, Article 23 (2) (the point of view of failing to take safety measures in the course of performing works, such as excavation) and Article 23 (3) of the same Act (the point of view of failing to take safety measures at the place where soil and sand collapse is likely to occur);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Industrial Safety and Health Act due to a failure to take safety measures at a place likely to collapse by earth or sand), 40, and 50 (b)

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are divided and reflected by the defendant, and the industrial accident insurance has been processed for the instant accident, and the defendant has reached an agreement with the victim’s bereaved family members.