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(영문) 서울남부지방법원 2016.01.12 2015고단4859
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

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

Reasons

Punishment of the crime

The defendant is a person who drives a C heavy freight vehicle with a pressure strawle.

On June 10, 2015, at around 11:15, the Defendant: (a) around Suwon-si, the outer walls and equipment of the D building in Suwon-si, and in the field of painting work, the victim E (49 tax) and the victim F (42 tax) are attached to the park, and (b) caused the victims to operate the park up to approximately 8-9 meters, so that the victims can do color the outer walls and equipment of the building.

In such cases, a person engaged in the operation of a crane has a duty of care to prevent accidents in advance by manipulating his/her attitude so that he/she does not go against electric wires, etc. installed in the surrounding areas when he/she takes a cater, and when he/she takes a cater, he/she has a duty of care to prevent accidents in advance.

Nevertheless, the defendant neglected this and installed a string to avoid the sunlight in the string seat, and did not properly look at the movement of the strings, and had the strings and electric wires face with the strings.

Accordingly, as a result, the electric wires off the clothes came into contact with the steel powder, the iron agents cut and the clers fall about 2 meters, thereby making the victims fall down on the floor.

Ultimately, the Defendant suffered injury to the victim E, such as a ductal in need of approximately nine weeks of treatment due to such occupational negligence, and injury to the victim F, such as the upper part of the upper part of the right-hand body, the upper part of the upper part of the lower part of the body, and the open part of the body of the victim F, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. On-site photographs, investigation reports, etc. (Hearing statements);

1. Application of Acts and subordinate statutes to E and F of the preparation of a doctor;

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor for the option of punishment;

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