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(영문) 대전지방법원 2016.08.24 2016노34

업무상과실치사

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact that the Defendant and L, even though conducting multiple inspections on the freezings that the Defendant re-prefabricatedd and installed (hereinafter referred to as “niver of this case”), did not find any leakage, and that the Defendant did not recognize a little of 17 days of electric shock at the time of the instant accident after the removal of the short circuit circuit, etc., it occurred in the freezings of this case.

shall not be deemed to exist.

2) The victim died while working at a low temperature air conditioners, not the freezing of this case. Since the reason for charging low temperature air conditioners is unclear, there is no relation between the defendant's fault in freezing and repairing and the death of the victim.

3) The Defendant, a facility operator who is not an electrical expert, proposed to replace a high-class type of electric power circuit with a high-class type of electric power circuit breaker in order to ensure that the electric power circuit breaker could not be found and that the electric power circuit breaker could not be lowered. Nevertheless, the Defendant replaced a type of electric power circuit breaker with a type of electric power circuit breaker, and the Defendant has a duty of care to find out the cause of electric power breaker and remove it,

subsection (b) of this section.

B. The Prosecutor’s sentence of the lower court (one year and six months of imprisonment without prison labor and three years of suspended execution) is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged in accordance with the judgment of the court below and the evidence duly admitted and examined by the court below as to the Defendant’s assertion of mistake of facts, it is sufficiently recognized that the Defendant caused the death of the victim by occupational negligence, such as the facts stated in the judgment of the court below and the Defendant’s criminal facts.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

1. The victim is a plastic container that is located above an Aluminal aluminium bridge in the low temperature coolant which was immediately adjacent to the freezing of the instant case (hereinafter referred to as “low temperature coolant”).