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(영문) 창원지방법원 2015.10.07 2015고단43

업무상과실치상

Text

Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

The facts charged were partially revised to the extent that it does not interfere with the guarantee of A's right of defense.

Defendant

A is a person who has been in charge of driving duties in F Co., Ltd. (hereinafter referred to as “F”).

On January 22, 2014, in the F’s workplace located in Kimhae-si G, the victim H had a duty of care to prevent accidents caused by the collapse of the joint board by checking the state of the joint board and safely loading and unloading the joint board, on the ground that it is sufficiently anticipated that the joint board may be used when the cargo board was loaded in a container with double loaded vehicles, and the cargo loaded in a container with double loaded vehicles, thus doing so.

Nevertheless, Defendant A stated “Hddddd” in the bill of indictment in order to take off the jointboard which he saw, but it is apparent that it is a clerical error in “stek”. The Defendant A put the joint board into a tight box, and put it into a steg, and steging it into a stegs of the victim’s bridge.

As a result, Defendant A caused the injury of the victim, such as the complexity of the right-to-hand bombs, the body bombs, etc., which require approximately 16 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement of H;

1. The investigation report (Attachment of photographs);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the victim's degree of damage is serious, but the defendant A reflects his wrong and has no criminal power in the same kind of crime, and the defendant A inevitably takes an action according to the company's instruction.

The facts leading to the instant crime are as follows.