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(영문) 서울중앙지방법원 2014.05.21 2014고정1616

업무상과실치상

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From November 18, 2013, the Defendant is in charge of safety management as a person in charge of the field management of new housing construction works in Seocho-gu Seoul Metropolitan Government from November 18, 2013.

On the 1st floor of the above construction site, there was a ventilator installed in the underground floor with a size of 133 cm x 60 cm x 1st underground floor, and the depth of which exceeds 4 meters, so the safety at the work site is at risk of fall, the defendant responsible for the safety at the work site has a duty of care to take measures to prevent the fall of the person on duty by installing warning signs or safety facilities.

Nevertheless, the Defendant neglected to do so and did not notify the above parts of the existence and location of the exchange organization, but did not install any safety facilities to prevent the fall on January 27, 2014 by negligence on the part of the victim C (the age of 52) who worked on the first floor of the above construction site in order to put the bridge on the bridge, thereby falling on the first floor of the above board through the exchange organization.

As a result, the Defendant caused the victim to suffer injury, such as the so-called "fashion" in the left-hand section, which requires approximately 12 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;