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(영문) 제주지방법원 2012.10.11 2012고단734
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for 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

On March 17, 2012, around 09:30, the Defendant was working to remove the building wall outside the building by maneuvering Epokes (16 tons) from the building located in Jeju Island.

At the time, the victim C(57 years of age) is engaged in the work of classifying building materials and wastes from the necks of the building removed from the building located within the range of 5 meters away from the boom and fire, and there is a risk of damage to the booms or the booms of the building. Therefore, the defendant has a duty of care to prohibit the victim from entering or leaving the booms within the working group and to remove the building by properly examining the right and the right and the right and the right and the right and the right of the victim.

Nevertheless, the Defendant neglected the above duty of care and neglected the above duty of care and caused about 16 weeks of abandonment to the right side, which requires medical treatment to the victim, as the building wall was attached to the victim, and the body residues of the wall was invested into the victim, and suffered about 16 weeks of the victim's bridge.

Accordingly, the defendant injured the victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act, the choice of imprisonment without prison labor for the crime concerned;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is led to confession and against the defendant, that the driver of the defendant is covered by a comprehensive insurance, that there is no record of criminal records or imprisonment with prison labor or any heavier punishment for a period exceeding

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32 (1) and (2) and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Legal Proceedings (in cases where the scope of liability for damages is unclear);

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