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(영문) 대구지방법원 2017.05.16 2016고단2588

업무상과실치사

Text

Defendants shall be punished by imprisonment without prison labor for ten months.

However, as to the Defendants, the two-year period from the date of each judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the field commander of G Co., Ltd., the F-Newly Building Construction Business Co., Ltd. in Gyeonggi-si, and Defendant B is the deputy head of H Co., Ltd., the subordinate company of the above G, and the head of H Co., Ltd. in the above construction site.

On October 19, 2015, the Defendants had been working for power generators and container offices, miscellaneous materials and for the organization of miscellaneous materials at the construction site of the above 08:19, and the above cler was working for the victim I (60 years).

In that sense, the above Crain was at a height of approximately 2.5 meters from the ground, and thus, the Defendants had a duty of care to safely manage the safety by wearing safety caps to people or installing safety facilities to prevent accidents caused by falling off, and to prevent accidents.

Nevertheless, the Defendants neglected this and did not pay the safety appearance to the victims, and did not install the safety facilities, and the victim felled into the floor of the crums who were on the crums.

As a result, the Defendants jointly committed occupational negligence and led to the death of the victims who were escorted to the Gyeongbuk University Hospital as the middle-patient care room on the 27th of the same month.

Summary of Evidence

1. Statement made by the defendant B in the second public trial records;

1. Part of the statement made by the witnessJ among the third public trial records;

1. Statement made by each police of the K, L, M, or N;

1. A medical certificate of death, a postmortem report, and a physical inspection report at a changed death site;

1. Application of Acts and subordinate statutes concerning report on internal investigation (contract, etc. submitted by a suspect A), report on internal investigation (written subcontract, etc. submitted by a suspect A), opinion on internal investigation (written subcontract, photo and opinion of an O hospital), and report on internal investigation (two thalth CT

1. Relevant Articles 268 and 30 of the Criminal Act and the Defendants’ choice of punishment concerning the facts constituting an offense: Articles 268 and 30 of the Criminal Act and the choice of imprisonment without prison labor

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants of the community service order: Determination on the assertion of Defendant A and defense counsel under Article 62-2 of the Criminal Act.