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(영문) 청주지방법원 2014.12.18 2014고단423

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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 had a duty of care to control the construction site and to take measures to prevent accidents in the middle of the construction site as the site manager of the (ju) E, who is in charge of the construction site of the construction site of the construction site of the construction site of the construction site of the "D" located in the Yeong-gu Seoul Metropolitan Government from September 13, 2013 to January 15, 2014.

Nevertheless, the Defendant, at around 16:30 on December 10, 2013, opened an interim top cover on the right side of the building at the construction site and undergone the completion inspection of sewerage, and neglected as it is without covering the last cover, and the victim F (36 years of age) passed through the construction site between October 19:26, 201 and December 12:05 following the date, and fell into the top (50cm in diameter, 170cm in depth, 40cm in water depth) and brought about death in the place of the construction site by falling into the top of the top (50cm in depth, 170cm in water depth, 40cm in water depth).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. On-site reports (on-site verifications and accompanying video CDs), video CDs;

1. Investigation report (Comparison of photographs);

1. A written autopsy report, a written report on the investigation of dead bodies, a report on the investigation of deceased persons, and a written autopsy report;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act (Article 62 (1) that reflects the mistakes of the accused, that the bereaved family members do not want punishment for the accused by mutual consent with the bereaved family