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(영문) 대전지방법원 서산지원 2013.04.26 2011고단1185

과실치사등

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant entered into a money death contract with D at the E farm of the operation of the Da in Chungcheongnam-gun, Chungcheongnam-gun, and consented to the construction of the said farm warehouse in addition to the above money death (hereinafter “instant construction”).

Before the instant construction work, the Defendant: (a) opened a work site prior to the site; (b) checked whether dangerous substances, such as explosion, fire, etc., are likely to occur at the site; and (c) took measures to move 20 straws, oxygen, gas pipes, etc. used as the promotion system of the total coal at the time of the construction site to another place; and (d) had a duty of care to prevent explosion, fire, etc. resulting therefrom.

Nevertheless, at around 10:30 on April 8, 201, when the Defendant neglected this and did not notify the figures of F, G, H, etc., the Defendant, at around 10:30 on which three persons, such as the victim F (59), G (54 years old), and H (32 years old), who were performing construction under the direction of the Defendant in the rain creaming construction of the said E farm warehouse, were in the direction of a fire-free medicine stored in the above warehouse, and the fire occurred.

As a result, the Defendant caused the victim F to die by his occupational negligence at the J Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government on June 4, 2011, at around 10:15, the Defendant suffered from the victim G with face-to-face 74% of the spatch image, inhaled image, etc. requiring treatment for about one year, and the victim H suffered from the victim H with injury of 37% of the spatch image requiring treatment for about one year, spathoe 2 degrees and 3 degrees image, etc.

Summary of Evidence

1. Legal statement of K witness K;

1. Each protocol of examination of witnesses G and H in the second protocol of trial;

1. Protocol of examination of witnesses concerning Liquefied in the fifth trial records;

1. D. D.