beta
(영문) 수원지방법원 여주지원 2017.02.16 2016고단1448

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who operates soup brying so called “D” in Gyeonggi-si C.

As so, soup brying of charcoal operated by the Defendant is connected with 5 partitions in a strong structure by which yellow soil is added to the brick brick brick, and in the case of heating in a Gama, it is possible to flow into the room by a shot gas generated in the process of burning, due to the occurrence of toxic gas such as sulfur oxide in the process of burning. Therefore, the Defendant, who operates such facilities, has a duty of care to thoroughly check the facilities so as to prevent gas from being flow into the room and to check the inside air condition of the room installed with appropriate ventilation devices or, if necessary, to take ventilation measures at any time.

Nevertheless, the Defendant neglected this and caused the death of the victim E (the 74 years old), and the victim F (the death at Aju University Hospital on September 7, 2016), who was making soup, by entering the said brying “low-proof” around August 26, 2016, when the flusium generated from the fluences through a shot of the practical walls, due to negligence of neglecting to prevent or attract gas inflow, caused the death of the flusium addiction.

Accordingly, the Defendant caused the death of victims by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. A corpse death certificate;

1. On-site reports on the results of meals;

1. Each response to a request for appraisal;

1. A death certificate;

1. Application of Acts and subordinate statutes to report internal accidents (referring to the case of measurement of carbon oxide at the scene of accident), and to report internal accidents (referring to an investigation into opinions of autopsy);

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act).