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(영문) 부산지방법원 2012.09.28 2012고정2404

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person in charge of safety management as a director of public service team C corporation.

These safety control managers have the duty to control and supervise workers to wear safety outfits and work.

At around 10:55 on July 23, 201, the Defendant: (a) was in charge of supervising the Defendant to wear safety equipment when intending to remove pipes at a place with high risk of falling D from the second floor of the 2nd factory of the Sagu, Busan, and the Defendant was in charge of not supervising the Defendant’s work in the state of wearing safety equipment; (b) by negligence, the Defendant was in charge of not supervising the Defendant’s work in the state of wearing safety equipment, and without attaching safety equipment, 3.5 meters high of the victim’s 3.5 meters away from the steel structure shooting bridge, and cut the pipes in the ceiling by using the industrial cutting machine, with the weight and shock of pipes, while cutting the pipes in the ceiling, the bridge was pushed down by the weight and shock of pipes; and (c) the victim fell from the floor while the victim fell during this process, and caused the victim to suffer bodily injury, such as the bridge, galke, and galkes, which require approximately 12 weeks treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement related to E, F, and G;

1. A report on investigation (Attachment of a field photograph);

1. Application of each written diagnosis (D) statute;

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

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;