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(영문) 대전지방법원 천안지원 2015.02.05 2014고정1057

업무상과실치상

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant, as a man-made business operator, received a contract for installation of artificial corridors 5, 6th and upper school corridors in Asan City, and employed the victim E at a daily intervals, and ordered the victim to conduct the work of foundationing and cutting of the conformity of interior works on the rooftop on March 20, 2014, around 13:00.

In such cases, the defendant has a duty of care to take safety measures, such as installing a fixed electric saw mold that cut the wheel so as not to drive, installing a safety string at the upper part of the electric saw, and providing safety equipment such as safety locks to the victim.

Nevertheless, the Defendant neglected to do so and caused the victim to do so, without wearing a safety fasten at the electric saw mold work unit where the safety air sawer is not fixed and without wearing a safety fasten, and caused the victim to cut off part of the victim's left hand on the electric saw.

As a result, the defendant suffered the victim by occupational negligence, such as the second balance of the left-hand side, which requires approximately six weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Police investigation reports (Attachment to the details of handling a tent of the Daejeon Regional Employment and Labor Office), internal investigation reports, etc.;

1. Submission of related data of E, medical care benefit-related documents, F's written statements and related documents;

1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of injured parts;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

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;