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(영문) 서울중앙지방법원 2015.04.09 2015고정510

업무상과실치상

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person responsible for the direction and safety at the site of the C removal work in Gangnam-gu Seoul Metropolitan Government, and the victim D and E are employed in the removal work.

C The height of the building is only 262 cm, but the defendant has a duty of care to prevent accidents in advance, such as providing safety equipment, such as safety caps, to workers in preparation for the falling risk of fall during the process of removing the upper part of the building, and installing safety facilities to prevent the fall risk in the lower part of the building and the lower part of the building, and installing signs informing the danger.

Nevertheless, at around 11:00 on August 14, 201, the Defendant neglected to take any measure, and thereby, caused injury to the victim D, such as a scarcity, which requires approximately 12 weeks of treatment, and suffered injury to the victim E, such as an inspection that requires approximately 3 weeks of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Investigation reports and investigation reports (the level of injury inflicted on the victim) by the Korea Workers' Welfare Corporation;

1. Application of statutes on field photographs;

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;