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(영문) 전주지방법원 2019.08.27 2018고단2621

업무상과실치상

Text

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

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

Reasons

Punishment of the crime

The defendant is a limited company employed by the defendant and engaged in the duties, such as the beginning work.

around 13:00 on September 18, 2014, the Defendant used a towing machine with the victim D (the age of 36) in the rural village of the Dasan-si, North Korea.

A worker who uses a towing machine had a duty of care to walk the starting in the state of fixing the work salary, such as putting a hand by hand, etc. in order to prevent the learning of the work salary at the time of walking.

Nevertheless, the Defendant neglected to do so and did not properly fix the work salaries of the beginning of the towing machine, and went to the beginning of the towing machine while going to the beginning of the towing machine while going to the beginning of the towing machine in high speed, and went to the end of each end of the victim, who was on the right frying of the work salaries.

As a result, the Defendant suffered from the victim’s climatic negligence, which did not keep to the right and the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Each written physical appraisal;

1. Photographs;

1. Application of Acts and subordinate statutes on statements;

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. Article 62 (1) of the Criminal Act;

1. The defendant's occupational negligence in sentencing Article 62-2 of the Social Service Order Criminal Act suffered a serious injury, such as cutting the right side.

In addition, the fact that the victim has yet to reach an agreement with the victim so far that he/she is unable to punish is disadvantageous to the defendant.

However, the defendant's mistake and reflects, and appears to have been paid a certain amount of compensation to the victim through industrial accident treatment, etc., the defendant recently deposited 10 million won for the victim, the fact that the defendant has no criminal records for the same kind of crime, and the defendant's age, character and conduct, environment, motive, method and method of each of the crimes in this case, and circumstances after the crime has been committed.