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(영문) 수원지방법원 성남지원 2017.07.05 2017고단615

협박등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a field director of a new house construction project in Gwangju City, who performs overall control over the progress of construction and field management.

Since the roads in front of the construction site at the time are somewhat serious in slope and the truck, etc. in the construction site at the above construction site are loaded, a person in charge of overall work at the construction site has a duty of care to prevent accidents, such as the collapse of a trafficr by cleaning a sand on the road or a galle, etc. used at the construction site after completing the construction work.

Nevertheless, the Defendant neglected the cleaning of the above road due to occupational negligence on November 13, 2016, which caused the victim D (53 ) who passed the front road at the construction site around the above construction site to take measures such as crushing stone pits on the road and cut down the floor.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence on the part of the left-hand side and pulverization that requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Statement of Telephone Communications in E);

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Selection of selective fine for punishment (the details of negligence, agreement with victims, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant, as a site manager of the new construction of the C-Housing in Gwangju-si, was a victim D (53 Does) who was living in front of the said construction site on November 13, 2016 while carrying out the said construction work, and was going through cement, sand, etc. that were scattered and scattered on the road due to the said construction work, and the victim cannot go beyond his/her match because it was cut off, and the victim was called “B” at the same construction site around November 17, 2016. < Amended by Presidential Decree No. 27579, Nov. 20, 2016>