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(영문) 청주지방법원 2014.04.24 2014노27
업무상과실치사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the Defendant is disadvantageous to the other company that, despite being aware of the same disaster, the Defendant did not take sufficient measures to prevent the fall of a worker as a safety control manager, and that the result was the serious result of the death of the victim.

However, the height of the loading box in which the accident of this case occurred was not less than 2.6 meters prior to the occurrence of the accident. Although the front part and the side part of the loading box of this case were installed, despite the absence of a shooting bridge, the truck driver had completed the work of covering the part for the convenience of the work, and the victim was dissatisfyed and died. It seems that the victim's bereaved family does not want the punishment of the defendant. The defendant conducted safety education including the victim's request for wearing safety caps on a monthly basis, and conducted safety education including the defendant's regular request for wearing safety caps. The defendant did not have the same criminal record, the defendant did not have any other criminal record, and all of the sentencing factors in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances after the crime, etc., it cannot be said that the punishment imposed by the court below is too unreasonable.

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

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