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(영문) 수원지방법원 여주지원 2017.02.03 2016고정239

업무상과실치상

Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendants are the owners of land in Gyeonggi-gu E and F.

On December 17, 2015, the Defendants requested G to perform stone construction work on the land of Gyeonggi Pyeong-gun E and F between around 12:00 to 13:00.

Although the Defendants should safely perform construction works such as stone axiss, the Defendants did not load remaining objects, such as stone dust, etc. arising from loading and unloading stones necessary for stone tamping construction, and the victim H she gets off a bicycle by stone dust and suffered injury to the right-hand part, the right-hand part, and the right-hand part of the river, which require four weeks of treatment.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. The witness H and G respective legal statements;

1. Each police statement made to H and G;

1. Complaint;

1. A medical certificate;

1. Application of the statute on claims;

1. Defendants: Article 268 of the Criminal Code and Article 268 of the Criminal Code; Selection of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants and the defense counsel on the grounds of conviction under Article 334(1) of the Criminal Procedure Act, who contracted the instant stone construction to G for the management, supervision, work, etc. of the relevant construction, and thus do not bear a duty of care to take safety measures necessary for the construction.

The argument is asserted.

According to the evidence submitted by the prosecutor, G has excavation devices necessary for stockpiling stone with heavy equipment articles, not with a specialized construction business operator, and for piling and piling stone. G has been entrusted with the instant stone construction work, and G decided to undertake construction work with only actual expenses, such as one’s daily wages (including 500,000,000 won), and human wage and material expenses, and without setting a conclusive construction cost or construction period between G and the Defendants, and the Defendants agreed to pay the expenses to be incurred by the construction work.