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(영문) 인천지방법원 2014.02.07 2013노3011

업무상과실치상

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is that the judgment below which found the defendant guilty of the facts charged as evidence, which found the victim's statement on shock level, etc. which is inconsistent even though the victim E did not face one another, was erroneous in the misapprehension of the facts.

The summary of the grounds for appeal by the prosecutor is that in light of the fact that the defendant denies the crime and the degree of injury is grave, the punishment of the court below (three million won of the fine) is too uneasible.

2. The summary of the facts charged is the Defendant who is engaged in C&C driving duties.

On November 14, 2012, at the request of the injured party E (year 48) on the street of the farm road located in Kimpo-si, Kimpo-si, Kimpo-si on November 14, 2012, the Defendant carried out an operation to load up to 25 tons of agricultural pipe emission ( approximately 7 meters in length, approximately 1 ton in weight).

At the time, the pipe typing process was conducted by combining the victim’s truck loaded onto the pipe to connect it to the pipe string by the Defendant’s operation, raising the cream to load the pipe while loading the pipe. As the Defendant engaged in driving business, considering the type, weight, etc. of the pipe mar, the Defendant was negligent in performing the duty of care to prevent safety accidents while working, and even if the Defendant was negligent in carrying the pipe marcing while working, and thereby, caused the victim to fall off the bridge part of the bridge, and caused the victim to fall off to the floor when he loaded the pipe marc to the victim, and caused the victim to shut down the pipe marc to the point when he loaded the pipe marc to the point when he did not get off, and caused the victim to shut off the part of the bridge, due to the shock.