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(영문) 의정부지방법원 2014.12.05 2014고단3315

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a C representative who mainly performs landscaping works, such as excavating, transporting and planting landscaping trees, and is a person who performs overall control over the progress of construction works and safety management in the above landscaping works.

The Defendant, at around 14:00 on January 8, 2014, engaged in the work of employing victims E and other human beings in the forest located in Spocheon-si D, and transporting the trees excavated from the forest area to spokes by spokes. As such, the Defendant had a duty of care to check the connection status so that the spokes do not cover the spokes, supervise the spokes not to be located under the spokes, and provide the safety equipment to the people, etc., to prevent accidents caused by the fall of the said pines.

Nevertheless, the Defendant neglected to provide safety equipment to the victim E without giving any instruction or inspection related to the prevention of an accident, and caused the loss of the above sckes and pine trees connected to the above sckes and pine trees, and caused the fall of the said pine trees to be faced on the head part of the victim E.

As a result, the Defendant suffered injury to the victim through occupational negligence, such as the number of days of treatment in an unexploitive manner.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of F, G, and H;

1. A report on investigation (in the event of an investigation as to f), photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Criminal Act and Article 268 of the Criminal Act (Selection of Fines - Matters agreed with the victim, degree of negligence, circumstances of the case, etc.);

1. Articles 70 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;