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(영문) 춘천지방법원 강릉지원 2020.01.16 2019고단1268

업무상과실치상

Text

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

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

Reasons

Punishment of the crime

When the defendant operates B as its main business, he is a person in charge of safety management in the field of the felling work in the Gyeong-gun D Forest in the Gyeongcheon-gun, the defendant was awarded a contract for the disposal of standing timber from C, and the victim E (70 years of age) is a person employed by the defendant, who works in the above field.

Around 10:40 on April 18, 2019, the Defendant instructed the victim to cut trees with a mechanical saw (hereinafter referred to as “saveing work”) at a wooden site, and before other workers, such as F, etc. enter the victim, to cut trees as a single tree.

Since the forest land that the Defendant directed the victim to perform work may fall down by a slope, the tree in the course of the work site may fall down, there was a duty of care to prevent the tree in the course of the work from falling down by setting up a height trees, etc.

Nevertheless, the Defendant neglected to do so and caused the victims who were under work due to the negligence of ordering workers to do so, and caused them to shock.

Ultimately, the Defendant suffered injury to the victim, such as external injuries caused by the 30-day emergency warning signboards, which require approximately 20 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. A medical certificate;

1. Investigation reports (field photographs, etc.), accident sites, and photographs around the scene;

1. Report on internal investigation (H telephone communications);

1. Application of Acts and subordinate statutes to report internal investigation and replys;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types of punishment] shall be mitigated [the type 2] the injury by occupational negligence or gross negligence (the person who is a special person].