업무상과실치상
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is the head of the work team of D, Inc., a steel product manufacturing company located in Chungcheongnam-nam Budget Group C, who manages and supervises the work of its team members as the head of the work team of D. D.
On April 5, 2015, at around 22:50, the Defendant, at the time of the instant D’s place of business, was engaged in the tension with the victim E (40 years old) who is the team, to remove foreign substances laid down in the pressure straw.
Since the physical parts of workers who have been engaged in the structural work of Pyeongtaek Rawls are in danger of accidents, the defendant who manages and supervises the team members' work has a duty of care to prevent accidents by ordering cleaning work in accordance with the safety rules.
Nevertheless, the Defendant’s cleaning after suspending the operation of the flat roll was conducted by the Defendant, on the ground that there was a defect in the pressure strawer’s power plate, which had been conducting the normal shoting work, and the working hours have been delayed, ordered the Defendant to conduct cleaning work at the victim’s time, and the Defendant also was an occupational and practical course that is not located in the control board (OP board) that is not located in the control board (OP board) that is capable of suspending the operation of the flat roll in time of emergency, and the victim’s left hand after removing the foreign substances of the flat roll at his hand and entering the normal shot roll.
Ultimately, the Defendant suffered injury, such as cutting of the external trauma of the left part of the Defendant, and cutting of cage cages, which require approximately six weeks of medical treatment due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each police statement made to F, G, H, and E;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;
1. The following circumstances are the reasons for sentencing under Article 62(1) of the Criminal Act.