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(영문) 대구지방법원 2014.09.26 2014고단2667

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of Daegu Northern-gu C, and the above D's safety control manager.

At around 13:00 on October 12, 2012, the Defendant had a duty of care to have the victim E (the age of 47) who is an employee of the said D (the age of 47) perform the part-type work using the press system to prevent physical parts of the workers who maintain and work in line with the type of presses, pressure ability, the number of branches of the party administration, the length and working method of administration, and the method of operation of the safety center attached to the machine at all times, and to manage and supervise the dangerous work methods of workers, thereby preventing any safety accidents such as cutting the parts of the body due to the presses.

Nevertheless, the Defendant released the safety center without installing the protective devices to prevent the physical part of the working workers from entering the said presses, and the Defendant did not pay a place where the victim would be able to take off the form of the gold to the presses so that the victim would put the hand into the presses and take the form of the gold. As the victim’s hand entered the presses, the Defendant cut off the presses to the right hand by dividing the victim’s hand by putting the presses into the presses so that the victim’s hand did not operate.

The Defendant got injury to the victim by occupational negligence during approximately four weeks of medical treatment. Of the right side of the victim, the Defendant suffered injury, such as flaging down flaging on the credit of fingers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes to accusation, diagnosis, opinion, medical certificate of residual disability, recording, investigation report (Attachment to on-site photographs and photographs of accident machines);

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

1. Article 62(1) of the Criminal Act (The following conditions of sentencing shall be taken into account).