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(영문) 수원지방법원 2017.12.13 2017고단5309

업무상과실치상등

Text

A defendant shall be punished by imprisonment for six months.

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 the owner and the safety and health management manager who perform the new construction works for detached houses in E in the e in the ethic City as the representative of D in the ethic City.

On March 21, 2017, the Defendant had the victim F (tax 61) perform the assembly work at the site of the construction work at the above new site on March 21, 2017.

Since the work at sea is conducted at a height of not less than 2 meters, in such a case, the defendant who is responsible for safety management of workers has a duty of care to ensure that workers wear safety caps and safety belts, to install a safe passage to be used by workers in the workplace, to install a safety rail at the end, etc. of the work board, and to construct a food-frame assembly and assemble the accident in accordance with the assembly plan.

Nevertheless, the Defendant neglected to do so and neglected to work without wearing a safety cap or a safety belt, and failed to install a safe passage or a safety rail, and the injured person completed the work without preparing assembly drawings, and caused the damaged person to fall into the floor by displaying the string of the steel-reshing structure, which was fixed to the steel-reshed structure at about 2 meters in height.

As a result, the Defendant did not take necessary measures to prevent the risk of workers at the same time, thereby resulting in injury to the victim, such as blood transfusion, in the absence of two wounds in which approximately 20 weeks of treatment is open.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the first-aid certificate, diagnosis certificate, opinion, photograph of the workplace at the time of the accident, each fact confirmation certificate, connected subsequent photographs, business registration certificate, contract for work, and statutes;

1. Relevant Article 268 of the Criminal Code for the crime (the point of practice and negligence).

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