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(영문) 수원지방법원 평택지원 2015.09.17 2014고단1884 (1)

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual operator of E, a stock company, who produces, installs, and sells a list of “host”, which is a device that combines electric motors, accelerators, etc. and moves cargo with cargo.

On April 1, 2014, the Defendant requested the representative H of the “G” factory in Ansan-si F to install a “electric chain string” and had approximately KRW 5.2 meters work to install it in the ceiling of a factory at a height of about 5.2 meters.

In such cases, a person engaged in the installation of a string has a duty of care to connect a stop pin to the string V so that trawls can not be separated, and to check whether a divided pin has been installed in order to prevent the stop pin from being separated.

Nevertheless, the defendant neglected this and did not properly check whether he has installed a light list and installed it. As a result, around 14:00 on July 26, 2014, the victim I (32 years of age) connected the food waste extinguishing device in the above factory to the light list, and after which it was cleaning the factory floor, the light list fells as a result of separation of a suspended pin, which was concluded at the strawls's sV, while cleaning the factory floor, and the down string fells into the top part of the food waste extinguishing machine, and led the victim's left head level.

Ultimately, the Defendant caused the victim to suffer injury, such as the complexity and crushing of two ducts which are not treated days in the treatment days, due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to J;

1. On-site identification reports and site file reports;

1. A medical certificate, appraisal statement, this case is trawls because the steV connecting trawlss with each other trawls does not properly support the trawls, so the steV differs from the steV.