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(영문) 울산지방법원 2016.06.24 2016노317
업무상과실치사
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment without prison labor for not less than six months, the suspension of execution for not less than two years, and the lectures to prevent industrial safety accidents) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the victim’s bereaved families do not want to punish the Defendant under an agreement with the Defendant; and (c) the fact that there was no past criminal record of criminal punishment, etc.

However, as an elevator installation work manager, the defendant provided education for the prevention of safety accidents to the victim, and put it into the work site by two skilled workers and two persons who possess a certificate of qualification related to the elevator, and neglected to supervise the work site in spite of a duty of care to supervise the work site, and the accident of death caused the victim's failure to meet the responsibility of the defendant in the occurrence of the above accident.

shall not be deemed to exist.

In addition, in full view of the Defendant’s age, sex, family environment, motive and background of the offense, the means and consequence of the offense, and various sentencing factors as shown in the trial process, such as the circumstances after the offense, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable, and thus, it is not acceptable to accept the Defendant’s improper assertion on

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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