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(영문) 부산지방법원 서부지원 2019.06.13 2017고단1962

중과실치상

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person working for C, a manufacturing chain company, such as pipe spawn, etc. in Busan-gu, and the victim D(71) is a person working for a day-to-day paint.

On June 4, 2016, at around 08:20, the Defendant, at the above C plant, had divided the location of electric power source to move the location of the machinery, on the ground that it was difficult for F to remove the oil time to be buried outside the machinery by using a cleaning system for the pre-work of painting 8 of the line-flody machinery located in the above plant, such as E, F, etc., the victim is workers.

At the time, the cleaning system used by employees, including the victim, had the duty of care to prevent accidents in advance, such as dividing the location of the power source of the machine into a flammable substance and making the machine’s neighboring workers, including the victim, fall off at a distance prior to the operation of the machine.

Nevertheless, the Defendant neglected this and did not take such measures as making the victims working in the vicinity of the machinery fall off at a distance, and did so with gross negligence that takes the location of the electric source of the machinery, and caused the victims to wear the clothes attached to the victim’s clothes that had been in the vicinity of the machinery due to the occurrence of a fire due to the electric wave, thereby causing approximately 7-8 weeks of treatment to the victims (i.e., 2-3 degrees and 23% of the heart).

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Legal statement of witness F;

1. Examination protocol of the suspect of G by the prosecution;

1. The police statement of H;

1. Each written statement of D and E;

1. A medical certificate;

1. Three copies of a field photograph at the time of the accident, the estimates of work for painting, and the details of the industrial accident;

1. The application of the law to the investigation report (the confirmation of the current treatment status of the victim) 1.