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(영문) 대전지방법원 2013.07.03 2012노1601

업무상과실치사등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of the grounds for appeal;

A. The Defendant, while engaging in the work of replacing the H public health clinic boiler boiler in which the victim is living, used the existing exhauster without replacing the air exhauster with a longer exhauster even though the height of the new boiler is less than 10cc, and due to these negligence, the exhaustr connected with the exchange hole unreasonablely falls from the exchange hole and falls into the floor depending on the passage of time, thereby resulting in the Defendant’s death (hereinafter “instant accident”). The lower court acquitted the Defendant of the crime of occupational death by occupational negligence, which affected the conclusion of the judgment, by misapprehending the fact.

B. In light of the fact that the Defendant was found not guilty of the charges of this part of the Framework Act on the Construction Industry in spite of the fact that the Defendant had been found to have performed boiler replacement work with the intent of business, the lower court acquitted the Defendant of this part of the charges, which affected the conclusion of the judgment by misunderstanding the fact.

2. The facts charged in this case and the judgment of the court below

A. The Defendant, in the instant facts charged, has experience in installing boilers at the request of the branch of the Doz., without registering the construction business necessary to engage in boiler replacement business with the trade name “E” in Da, Chungcheongnam-gun, Chungcheongnam-do.

1) On March 11, 201, the Defendant, occupationally killed in death, etc., by receiving KRW 500,000 from the boiler room located in the Haan-gun G in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, where the victim resides upon the request of the Victim F (F, 41 years of age to replace the boiler), and installing a boiler replacement.