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The judgment below
The part against the Defendants is reversed in entirety.
Defendants shall be punished by a fine of five million won.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant accident, Defendant A and B (misunderstanding of facts or misapprehension of the legal doctrine) did not have a duty to have the victimized employee use safety belts. As to the accusation worker employed by the said employee, Articles 42 and 43 of the Rules on Standards for Industrial Safety and Health concerning Safety and Health concerning measures to prevent fall, such as safety railing, do not apply.
Therefore, the Defendants did not allow the victim to use safety belts, and had them work in the accusation room where safety rail is not installed on one side of the four pages.
Even if the Defendants did not take necessary measures required under the Industrial Safety and Health Act.
shall not be deemed to exist.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The prosecutor (defendant D) declared not guilty on the grounds that the defendant's safety control manager was not C, but N. The appellate court planned to change the facts charged with changing the safety control manager to N. In this case, the defendant can be found guilty of the facts charged.
2. Determination
A. Determination of the grounds for appeal by the prosecutor and ex officio determination 1) First, it is difficult to view the reasons for the prosecutor’s appeal as legitimate grounds for appeal under Article 361-5 of the Criminal Procedure Act.
2) Furthermore, I examine the Defendants ex officio.
In the trial of the court below, the prosecutor applied for changes in the indictment with the phrase “criminal facts” as stated in the judgment below as to all the Defendants’ charges and as stated in the indictment column as to the acquittal portion. Since this court permitted this and changed the subject of the judgment, the Defendants among the judgment below.