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(영문) 전주지방법원 2016.07.20 2016고단554

업무상과실치사

Text

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

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

Reasons

Punishment of the crime

On November 23, 2015, the Defendant, as an additional engineer of the victim B (the South, 45 years old), who operates equipment among the “cicks”, moved a number of block block (the width of 39cm, length of 15cm, height of 19cc) loaded at the edge of a building from the standard factory B-dong 5 floor in the site of the construction of a standard factory in the regional standard factory in the city of Kim Jong-do around November 23, 2015, to the end of the building, was moved to the end of the building, and then transported to the inside of the building.

At that time, at the time, the victim had been engaged in the work of raising the block to the edge of the above 5th floor building using the string of the block, and the defendant had a duty of care to prevent accidents caused by falling water by safely manipulating the set of the string of the strings and safely transporting the block to the inside of the building by inserting the set of the block under the bottom of the block. Thus, the defendant had a duty of care to prevent accidents caused by falling water by safely manipulating the set of the block and transporting the block.

Nevertheless, the Defendant neglected to fix the block, without putting the block, put the set of the block into the block bed, and put the block into the block bed, and caused the block in the upper end to fall off to the victim.

Ultimately, on November 25, 2015, the Defendant caused the victim to die due to the above occupational negligence, such as brain death during medical treatment at the Gwangju University Hospital of 895 Won-ro and the University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against the suspect in relation to D, E, F, or suspect;

1. On-site reports on results of meals, on-site and documentary evidence, and death diagnosis reports;

1. Application of Acts and subordinate statutes to reports on occurrence and investigation;

1. Article 268 of the Criminal Act and the choice of imprisonment without prison labor concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (i.e., one of the results, the first crime, and the agreement made with the bereaved family members of the victim);