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(영문) 대전지방법원 홍성지원 2015.11.25 2015고단645

업무상과실치사등

Text

Defendant

A In October of the imprisonment without prison labor, Defendant B in June of the imprisonment without prison labor, Defendant C in April of the imprisonment, and Defendant D.

Reasons

Punishment of the crime

Defendant

A is an employee of D, Defendant B is the head of the factory of the above company, Defendant C is the representative director of the above company, and Defendant D is the business owner as a corporation established for plastic manufacturing, etc.

Defendant

A, around 11:10 on February 26, 2015, at the factory A, a small-sized FRP pipe (4.5m in length) was moved from the factory A, and the stormer of the ceiling croke was installed there, and around 9.4m in length, approximately 1.3m in diameter, and approximately 1.5m in weight) of a large-scale FRP pipe was shocked by the victims who were working in large-scale FRP pipe.

As a result, the victim H(the age of 43) died from the second damage at the J Hospital located in Bocheon-si I at around 13:30 on the same day, and the victim K(the age of 41) suffered from the injury such as the second half half of the year.

1. Joint criminal conduct by Defendant A and B;

A. The Defendants breached their duty of care (1) Defendant A is a person who is engaged in the duty of operating a tent at the lower court factory of the above company.

On February 26, 2015, around 11:10 on February 26, 2015, the Defendant moved the above small-sized FRP pipe to the front factory A at the workplace of the above company.

At all times, the above large-scale pipelines were installed and the victims were working in the vicinity of the large-scale FRP pipes, so there was a duty of care to prevent the occurrence of accidents that the large-scale FRP pipes cover the victims by accurately manipulating the tent, and to prevent the accidents that the large-scale FRP pipes cover the victims.

Nevertheless, the Defendant did not well look at the operating radius of the tent, and caused the tent strings to cover the victims who were working in large-scale FRP pipe due to the shocking of large-scale FRP pipe.

(2) Defendant B is the head of the above factory.