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(영문) 전주지방법원 군산지원 2019.05.15 2019고단199
업무상과실치상
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 a secondhand shop with the trade name of “C” in Gunsan-si B.

At around 10:00 on March 7, 2017, the Defendant received a request from the victim D (the age of 31) who was found to purchase the materials within the said “C,” to find the sn beamline, which is a steel material to be used at the railroad construction site, from the Defendant.

In such cases, a person engaged in the sales of steel materials has a duty of care to prevent accidents of human life by preventing people from accessing the goods at the place where steel materials are stored, by preventing people from accessing the goods at the place where steel materials are stored.

Nevertheless, the Defendant neglected to do so and neglected to do so, the Defendant: (a) deemed the victim as “the person who is to purchase the material directly cut off the lane at the place where the material is stored; (b) did not directly look at the place where the material is stored; and (c) caused the victim to have access to the place where approximately 50-60 protective equipment, such as safety caps, are stored in a rectangular-type, in which approximately 6 meters of the sn beam was stored; (d) caused the victim to have an access to the place where the sn beam of the sn beam was stored in a rectangular-type; and (e) caused the victim to suffer injuries, such as the part where the sn beam was collected using the sn beam at a place where the sn beam was stored at a distance of about 6 meters from the place where the victim was found, while the hn beam (weight 100km, length: 3m, width: 25cm, thickness 1cm) was stored on the floor; and (e) caused by the victim’s body.

Accordingly, the Defendant suffered injury to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the head of a complaint, a diagnosis report, and an emergency medical service worker;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years from January of a credit cooperative;

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