beta
(영문) 대전지방법원 2014.08.27 2014노868

업무상과실치사등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the court below against the defendant is too unreasonable.

2. The judgment was examined. The victim, who was in the process of the clerging back of the clerg in this case, was slicked and was killed in the body of the clerg and the file, and according to the statement made by the defendant and the reference witness in the investigative agency, the workers had been slicked while working in the file, and therefore, the defendant, who was in general responsible for the safety measures of the workplace of this case, should have prepared measures to prevent the occurrence of the death of the victim. It is recognized that the defendant's negligence caused the serious result of the death of the victim, and that the defendant had a record of criminal punishment for the same kind of crime in 207 and 2012, etc.

However, it is somewhat unreasonable for the defendant to take all responsibility for the result of the victim's death since the accident occurred continuously without finding out the victim who has been slicked, and further, at the time of this case, the defendant immediately transferred the victim who was damaged by the slick damage to the hospital to the hospital, and the victim was reinstated in the hospital after the operation was performed without delay. There are some circumstances to take into account the situation of the victim's death as the victim's death was died after six months from the date of the accident since the death occurred while the slick was performed while the slick was in progress. The defendant slickd with the victim's bereaved family and paid consolation money in addition to the industrial accident compensation. Accordingly, the victim's surviving family and surviving family members agree with the victim's surviving family members and the victim's family members and the victim's facilities after this case.