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(영문) 의정부지방법원 2015.11.03 2015고단1666

업무상과실치사

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Defendant shall be punished by imprisonment without prison labor for eight 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 is an employee of “D” corporation performing a new construction of “C” in Gyeonggi-gu, Gyeonggi-do, as the field director of the above construction site, who is obligated to manage the above construction site and manage safety.

On January 12, 2015, at around 10:30, the Defendant had the victim E ( South and 75 years of age) who is a worker at the construction site, work in the first floor of building 103 at the construction site.

At the same time, the Defendant had installed a scam which was made by arbitrarily cutting back the pet and inserting industrial alcohol for the purpose of reducing the life-long time of concrete. In such a case, the person in charge of management and safety management at the construction site and installed blocking facilities to prevent workers from approaching the above scam, and thus, there was a duty of care to prevent the occurrence of human injury caused by fire.

Nevertheless, the Defendant neglected this and caused the death of the victim due to the occupational negligence, which caused the victim to move off from the above scam in Gangnam-gu Seoul Special Metropolitan City “G Hospital” on February 13, 2015, while treating the victim, by neglecting it and allowing the workers not to have access to the above scam.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Protocol of inspection;

1. On-site reports on results of field identification, on-site photographs, and alcohol records of the industrial use of this case, and photographs, etc. of changeers;

1. Application of Acts and subordinate statutes, such as standard contract agreements for private construction examinations;

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. It is inevitable to choose a sentence of imprisonment without prison labor due to the death of the victim for the reason of sentencing under Article 62 (1) of the Criminal Act;

However, the defendant is the bereaved family members of the victim.