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(영문) 수원지방법원 2014.11.14 2013고단4287

업무상과실치사

Text

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

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

Reasons

Criminal facts

On March 31, 2013, the Defendant: (a) was a person engaged in the production and installation business of the air conditioners and air conditioners for industrial use; (b) was awarded a contract for the replacement of the air conditioners and air conditioners from the workplace of the factory following the factory of the “HE” on March 31, 2013; and (c) was responsible for substantial direction and supervision to manage and control the said construction by subcontracting the part of the production and installation business of the air conditioners and air conditioners to the victim F (the age of 51) who is the contacter, along with the production and installation business of the air conditioners and air conditioners.

In such cases, the Defendant had a duty of care to prevent accidents, such as wearing a safety cap to a worker at a place where work is likely to fall, or machinery, equipment, etc., and fixing a safety net in the vicinity or fixing the equipment, etc. so as not to install a safety net in the vicinity.

Nevertheless, the Defendant neglected to do so and without being equipped with safety equipment to prevent human life accidents, such as the fixing of the cooling tower at the above time and the installation of a safety net, etc., and caused the victim to work at the top of the cooling tower at a height of 5.3 meters, and removed steel mortars connecting the cooling tower at the location of the victim with the cooling tower at that location, and then fell into the ground floor after the corrosion of the cooling tower at the lower end.

Thus, due to the above occupational negligence, the Defendant caused the victim to die on March 31, 2013, by reason of a scarcity in the insular Central Hospital located in the Escar of the Sin Sung-nam-Eup, Sungsung-si on the 10th day of 10:18.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to G, H and I;

1. A death certificate;

1. A copy of an order;

1. Application of Acts and subordinate statutes to a copy of work site of an external enterprise;

1. Criminal facts;