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(영문) 대구지방법원 상주지원 2017.10.31 2017고단415

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since three years ago, the Defendant has been engaged in the business of selling damaged trees for fire-fighting by cutting down the damaged trees from the side business, and from the end of the end of 2015, the Defendant has employed victims B (55 years) as human parts and has been engaged in the above business several times.

around 12:10 on April 16, 2017, the Defendant, along with the victim, performed the cutting-out work to raise timber for fire-fighting.

In such cases, the defendant has a duty of care to require the defendant to wear and work safety equipment, such as safety appearance, and to educate the safety rules for securing safety distance, etc., and to prevent the occurrence of safety accidents by taking into account the surrounding areas of the punishment.

Nevertheless, the Defendant, without paying safety equipment such as safety appearance to the victim, believed that the injured person would not get out of the work site, and did not wear approximately 25 meters high saw her saw her saws with electric saws, and did not wear a breath of 25 meters high her saws, she used the breath of her head on the part of the victim who is already arranging the breath of the breath of the breath, and caused her head to shock on the part of the victim.

Ultimately, the Defendant caused the victim to die due to cerebral cerebral injury at around 13:17 on the same day during the medical treatment after the hospital due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A death report, a written result of autopsy, and a report on the results of field identification;

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to photographs of dead bodies and acts and subordinate statutes on site examinations;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be deemed to have been negligent, and the factors of mitigation [the special sentencing factors] shall be deemed to have been mitigated.