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(영문) 청주지방법원 충주지원 2018.09.07 2017고단862
업무상과실치사등
Text

1. Defendants A, B, and D are not guilty. 2. Defendant C is not guilty. Defendant C is punished by a fine not exceeding seven million won.

Reasons

Defendant C is a person in charge of safety and health management of a soft factory, where an open storage site of construction materials is installed in a soft factory, a corporation located in the Daude Group E, a corporation located in Chungcheongbuk-gun.

In such a case, Defendant C had a duty of care to prohibit entry of persons other than the workers concerned, such as installation of a watch room, when loading of cargo, such as construction materials, at the night, not with one load, with a height of unstable cargo, and there was a risk of collapse of cargo, or when a worker is at the risk of falling on the cargo, there was a duty of care to prohibit entry by persons other than the workers concerned.

Nevertheless, Defendant C loaded a concrete PC board at the above open space on four parts, with the largest size of the board (1,950 meters in length, 1,550 meters in width, 150 meters in thickness, 150 meters in weight, 1,000km in weight) at the top four parts, the highest size of Defendant C did not take any measures to prevent the entry of persons other than the relevant workers, even though Defendant C loaded approximately 680 meters in the lower end of height.

On July 20, 2017, the victim F was up to the upper part of the upper part of the center of the victim F, who was employed by B around July 2017, and died due to 09:30 on the same day, such as cerebral blood transfusion and ductal blood transfusion, around 09:30 on the same day.

Accordingly, Defendant C caused the death of the victim by violating the duty of care as above.

Summary of Evidence

1. Defendant C’s legal statement

1. Legal statement of witness G;

1. - Opinion on accident investigation

1. On-site photographs;

1. A death diagnosis certificate (F);

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to the site and photographs of changeers;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act shall be acquitted;

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