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(영문) 인천지방법원 2015.03.26 2014고단9434

업무상과실치상

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a lessor of the building B in Nam-gu, Incheon, is a person managing an elevator for cargo installed therein, and the victim C (ma and 43 years old) is a lessee, who operates D from the third floor of the above building.

The defendant is a person with duty of care to manage and supervise elevators for cargo so that they can be operated safely by conducting regular inspections, etc., and prevent the fall risk, etc. in advance.

Nevertheless, on September 29, 2014, at around 09:20 on September 29, 2014, the Defendant neglected to neglect it and caused the victim to board the said elevator on the third floor of the building Nam-gu Incheon Metropolitan City building B, and loaded the cargo box, the transfer period attached to the elevator board for the above cargo was lowered from the ceiling of the building, and caused the fall together with the elevator for the above cargo.

Accordingly, the Defendant suffered injury to the victim, such as “adravating pressure,” which requires approximately 12 weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the investigation report (influence 23 of investigation records);

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The extent of injury to a victim on the grounds of sentencing under Article 62(1) of the Criminal Act is relatively heavy, the following facts are considered: (a) the victim and the victim have agreed smoothly after the prosecution of this case; (b) there is no criminal record exceeding the fine; (c) the recognition of and reflects the crime; and (d) the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime; and (e) the circumstances after the commission of the