Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a building owner who constructs a detached house with a building area of 60 square meters and a total floor area of 120 square meters on the land of 330 square meters in Nam-si, Namwon-si, and has employed two persons other than the victim C ( South and North 61 years of age) and ordered the work of housing construction.

Since the Housing Corporation was working to build the housing of the second floor size above the ground, the owner of the building, in such a case, has a duty of care to provide safety education to the persons employed by him/her, to provide safety caps, such as safety caps and safety belts, and to instruct them to wear them. In addition, there was a duty of care to prevent accidents that may occur due to fall by installing safety devices, such as safety nets.

Nevertheless, the Defendant neglected this and did not provide the victim with any protective gear, including safety caps, and was negligent in carrying out construction without installing safety devices, such as safety nets. On April 24, 2020, the victim fell from the second floor of the steel frame structure of about 3.5 meters at a height of 3.5 meters while carrying materials at the above construction site at around 15:30 on April 24, 2020.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from the E hospital located in Yasan-si D around April 25, 2020 due to the climatic typosis and cerebral typosis at the E hospital located in Yasan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A criminal investigation report (related to submission of documents on a building report), a written report, etc. for processing a building report, a written report, a certificate of deposit, etc., and a architectural design drawings;

1. Application of the Acts and subordinate statutes for death, medical certificate and photographs of the scene of death;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”)

1. Scope of punishment by law: One month to five years of imprisonment without prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines [types] shall be the occupational and gross negligence resulting in death (type 3) by gross negligence.