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(영문) 창원지방법원 마산지원 2015.05.12 2015고단121

업무상과실치사

Text

Defendant

A shall be punished by imprisonment without prison labor for six months, and by imprisonment without prison labor for eight months, respectively.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in a wooden business and is in charge of cutting down the bottom of a tree with an electric saw, and Defendant B is a sprinker who is engaged in a wooden business and is in charge of cutting down a tree pole at a house installed at the end of the sprink and fixing the bottom of a tree with an electric spacker. A is a person who is in charge of cutting down the above spack at the time when the said A ends the electric saw work.

From around 10:00 on December 17, 2014, the Defendants: (a) requested the victim E (the age of 58) to cut the trees from approximately 32 meters in length; (b) the bottom 52cc in diameter; and (c) approximately 2 tons in weight, to cut the trees.

In such cases, there was a duty of care to check whether a person engaged in the felling duty is another person within the radius of a tree, and to prevent safety accidents due to the use of the tree in advance.

Nevertheless, the Defendants, at a place less than 26 meters away from the end of the mast truck without properly verifying it, set up one ton truck in the direction of the victim E who was getting out of the vehicle, and cut down the above part of the back head of the victim.

In the end, the Defendants caused the death of the victim due to the above occupational negligence, which was immediately caused by the development dubing, deverververging, pulverging, and pulverging.

Summary of Evidence

1. Defendants’ respective legal statements

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of documents for cases of change of the E);

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 268 and 30 of the Criminal Act; the choice of imprisonment without prison labor

1. Defendants of suspended execution: The Defendants’ reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendants repent their mistakes; (b) the victims are as much as negligent; and (c) the victims’ bereaved family members and their bereaved family members.