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(영문) 서울북부지방법원 2013.09.13 2013고단1660

업무상과실치사

Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaged in a housing repair work business.

around 14:00 on April 30, 2013, the Defendant employed the victim C, who is the second floor of general house B in Jung-gu, Seoul, and was engaged in construction of a new rail by loading bricks to the existing rail.

In such cases, in order to prepare for safety accidents, safety caps shall be provided to the victims and other people, and safety caps shall be worn up, and necessary measures shall be taken to prevent danger, such as the installation of safety nets or safety lines, in preparation for falling.

Nevertheless, the Defendant did not pay a safety cap, and without installing a safety net or safety log for the prevention of fall, had the victim C temporarily load a brick 2.3m height of 2.3 meters off on the part of a temporary stop board, and at that time, the 2nd floor railing of the 2nd floor above the 2nd floor of the 2nd floor above the 1st floor and the 1st floor below the center of the body of the victim.

As a result, the victim died at around 22:10 on April 30, 2013 from the E Hospital Central Hospital Hospital D located in Jung-gu Seoul Metropolitan Government with an excessive shock (dual shock).

In the end, the Defendant did not pay a safety mother, and caused the death of the victim by occupational negligence, which caused the death of the victim to work without installing a safety net or safety log.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of inspection;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the sentencing reason of Article 334(1) of the Criminal Procedure Act Article 334(1) has been agreed with the bereaved family members of the victim, the developments leading up to the instant accident, the scale of the instant construction, and the relationship with the victim.