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(영문) 수원지방법원 2020.10.22 2020고단5682

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

Punishment of the crime

The defendant is a person who operates C in Hysung City B.

From March 5, 2020 to October of the same month, the Defendant performed road packaging works without obtaining the approval and permission of the competent authorities prior to the above C factory from March 5, 2020, and created the Manle (90cm in diameter).

In such cases, the defendant, who is the responsible person, has a duty of care to prevent accidents, such as installing a lid suitable for the manle, installing a safety belt, or installing a warning sign around the surroundings, etc.

Nevertheless, on May 2, 2020, the defendant covered a wooden cover (90 x 100 m) and neglected it without taking any safety measures, and caused the death of the victim D (the age of 75) who was sitting on the wooden cover on May 2, 2020, which caused the death of the Defendant due to the corrosion by falling it into the top.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Protocol of inspection;

1. The application of a death certificate, a report on 112 reported cases, a report on fact-finding reports, an extraction photographs of CCTV images, and a copy of a business registration certificate to statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that there is a serious consequence of the victim’s death due to the Defendant’s mistake in sentencing, and the liability for such crime is not somewhat weak.

However, in full view of the following circumstances: (a) the Defendant is against the recognition of the instant crime; (b) the Defendant’s bereaved family members do not want the punishment against the Defendant; (c) the Defendant’s primary offender who has no record of criminal punishment; and (d) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the instant crime; and (c) the sentencing conditions indicated in the record shall be determined as ordered by the sentence.