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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a manager of a personal construction business and a business owner who actually controls and supervises all matters concerning safety and health of workers belonging to the site by entering into a contract with the total construction cost of 226,229,000 won and the construction period of 226,229,000 won from November 17, 2015 to December 30, 2015.
The business owner shall take measures necessary for the prevention of danger at a place where workers might fall down at work, and shall install a work launch board by assembling a vision for such purpose, etc., and where it is impracticable to install a work launch board, a safety watch net shall be installed.
However, if it is impracticable to install a safety net, it shall take measures necessary to prevent the falling risk, such as requiring workers to wear a safety belt, and, in particular, in cases where workers wear a safety belt at a place of at least two higher than the height of the falling risk, equipment, etc. to safely walk the safety belt, and in cases of installing a wire line, etc. to be supported with such safety belt attachment equipment, necessary measures shall be taken to prevent the falling or sinking of the safety belt.
Nevertheless, the Defendant neglected the above duty and caused the victim F (the age 42) to wear safety belts at a height of at least four meters for the completion of the interior riding pool construction works at the above construction site, or to the victim F (the age 42) who did not take measures for the installation of safety belts, etc. on December 10, 2015, the Defendant, at around 08:05 on December 10, 2015, caused the victim to fall on the above roof panel, thereby causing the victim to die on the roof panel at around 18:10 on the same day due to the brale sofing of brain and the cardio-cerebrovassis.
Summary of Evidence
1. Defendant's legal statement;
1. G, H, and I.