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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates the secondhand properties of the trade name B, and the victim C(69) is a worker working in the above company.

At around 10:06 on September 19, 2018, the Defendant: (a) performed a work to separate the recycled scrap collected from the victim from the second floor workplace within the second floor workplace operated by the Defendant in Macheon-si; and (b) the victim took a separate work to separate the recycled scrap collected from the victim, depending on the above, and (c) carried out the work to keep them in the pool.

The victim's place where work is carried out is where high water is stored in a narrow space at a height of 4-5 meters, and there is a slick vinyl and plate, etc. among stockpiled solid water. There was a hole to throw the slicks work on the outer wall into the floor of the first floor, and water is stored up to the height of the hole, and there was a danger of falling into the first floor through the hole.

In such cases, the defendant, as the business owner, should install a strong structure with sufficient strength protection measures at a place where workers might fall down, as the end or opening of the passage, such as safety railing, fence, vertical crashing, or covering, and take necessary measures to prevent the fall risk, such as wearing safety belts, if it is difficult to do so.

Nevertheless, the Defendant was injured by occupational negligence without taking such measures, and the victim who was on duty fells into the first floor through drilling hole on the outer wall, and suffered an injury, such as drilling, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of a witness C, E, or F;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. On-site photographs and medical certificates (the defendant and his defense counsel are referred to as "on-site outer walls (hereinafter referred to as "the outer walls") outside the fixed working location of the victim by the defendant.