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(영문) 전주지방법원 2015.09.22 2014고정1165

업무상과실치상

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

The defendant is a person who is engaged in the operation of sckes.

On March 4, 2014, the Defendant, at around 16:00, was growing trees by using the sofaculation devices in the west-gun B, the Defendant, at the time, had a duty of care to prevent safety accidents in the course of work by properly examining the surrounding areas as the Defendant, who is driving the sofacing machine, was under the duty of care.

Nevertheless, the Defendant: (a) committed an injury to the victim by inserting the right-hand side of the victim for up to eight weeks, such as pulverization of double-class executives, i.e., the right-hand side 3, 4, and 5 double-class executives, by inserting the victim’s right-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as medical advice;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2)(100,000 won per day) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014).

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that a defendant who has no record of punishment heavier than that of the same kind of crime or fine is pening his/her mistake, the fact that the damage has been recovered through related civil procedures, etc., and that he/she has agreed with the victim only smoothly);