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(영문) 울산지방법원 2017.04.21 2016노2197
산업안전보건법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the defendants' grounds of appeal (for defendant A: 8 months of imprisonment, 2 years of suspended sentence, and 10 million won of fine in case of defendant Hyundai Motor Corporation) is too unreasonable.

2. The judgment of this case seems to have caused the occurrence or the expansion of damage of the victim's negligence as well as the negligence of the defendants, and it seems that the defendants reflect in depth the mistake while committing the crime, and the defendants cooperate with the bereaved family members in paying approximately KRW 140 million of consolation money to the maximum extent possible so that they can receive industrial accident compensation insurance money, and arranged victims' children to be employed in the intra-company subcontractor. While the accident of this case newly established measures to prevent the recurrence of accident after the accident of this case, the bereaved family members want to take measures to prevent the recurrence of the accident of this case, and the fact that the defendant A has no criminal history is favorable to the defendants.

On the other hand, the duty to take measures to prevent risks under the Industrial Safety and Health Act is directly connected to a fatal industrial accident, such as the death of workers, and the Defendants violated the above duty, such as silenting workers to work without complying with the safety rules, and resulting in a serious result of the death of the victim, etc., which is disadvantageous to the Defendants, such as the circumstances leading up to the instant crime, the circumstances after the instant crime, the fairness of punishment with the relevant parties, the age of Defendant A, sexual conduct, environment, family relationship, etc., and the scope of recommended sentences based on the sentencing guidelines are considered comprehensively, the lower court’s punishment is too unreasonable.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the defendants' appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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