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(영문) 창원지방법원 2018.06.08 2017고단3873

업무상과실치사등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a representative of E in the Chang-si, Chang-si, the Chang-si, the Chang-si, the Chang-si, the Defendant is a personal business owner who performed construction work under a contract with the F seal and Chang-gu, the Chang-si, the Chang-si, the Chang-si, the Chang-si, the Chang-si.

On June 8, 2017, the Defendant: (a) around 09:30, around F103, 304, at the outer wall near F103 304, had the victim G (48 tax) use the vehicle for filing a complaint, and (b) had the victim G work in the window of balcony outside the balcony.

In doing so, the victim was at the work stand of the vehicle on board and at the outer wall of the building, and thus there was a danger of fall. Thus, the defendant had a duty of care to prevent the accident by fall in advance, such as installing a safety rail at the last part of the work unit so that the victim does not deviate from the work unit without safety devices, and allowing the victim to wear a safety cap and a safety belt at all times.

Nevertheless, the Defendant neglected this and failed to install a safety rail at the work force of the accusation, and did not supervise the victim so that the victim does not deviate from the work force without safety devices, and the victim did not always supervise whether the victim wears the safety cap and the safety belt, and the victim was out of the safety cap and the safety belt in order to confirm the leakage of the victim while carrying out the above work, and fell, while moving from the work force at a height of 7.2 meters to the bend, the center was lost.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the International Hospital Emergency Station H located in the window H of Changwon-si, who was under the treatment of transmission after around 10:35 on June 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to J, K, L, M, N,O, and P;

1. Investigation report (to hear statements by J phone);

1. A written opinion on accident investigation and a letter of name of investigation into serious accidents;

1. A corpse death certificate;

1. Application of a written confirmation (Evidence No. 46 pages), each construction work schedule, estimates, and business registration certificate-related Acts and subordinate statutes;

1. Relevant provisions of the Act concerning facts constituting an offense;