The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Although the Defendant ordered the victim, who is an employee, to take an industrial accident preventive measures, such as the fall prevention, in violation of the duty of care as an employer, and the occurrence of a serious consequence of the victim’s fall and dies while working.

The defendant was unable to receive statements from the bereaved family members of the victim.

However, the defendant is against himself while committing a crime.

In the occurrence of the instant accident, the care that the victim did not seek the safety of himself/herself at a dangerous place seems to have partially caused the instant accident.

With respect to the instant accident, the bereaved family members of the victim received bereaved family benefits, etc. from the Korea Workers' Compensation & Welfare Corporation, and seems to be able to recover the damage through related civil litigation.

Although there was no agreement, the defendant paid 15 million won to Co-defendant B in the court below for the agreement with the bereaved family, and deposited 17 million won for the bereaved family in the court below.

Defendant has no record of punishment for the same kind of crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the pleadings, including the circumstances after the crime, and the scope of the recommended sentencing guidelines, the sentence imposed by the lower court is deemed to be too unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

【Reason of the judgment rendered again against the defendant】 Criminal facts and summary of evidence recognized by the court, and they are related to such facts.