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(영문) 창원지방법원 2014.04.15 2013고단2672
업무상과실치사
Text

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

2. However, it is against the Defendants for two years from the date of this decision.

Reasons

Punishment of the crime

Defendant

B is a person in charge of safety and health management of E Co., Ltd. which manufactures the ice cooling steel, etc. in Sungwon-si, Sungwon-si, and Defendant A is the head of the working group of machinery (Tenseer, TL) who puts a steel plate at the entrance of the lux labeling in order to flatize the steel plate which has gone through the heating processing process in the luxrative plant E Co., Ltd., and then reduces the steel plate at the outlet.

Defendant

A around 00:10 on February 25, 2013, around 00:0:10, operated equipment in the above factory A, and the victim F (the age of 26) who is the half of A, as an intern member from December 10, 2012 to prevent flicking power between the drum and the steel plate by hand between the drum and the steel plate.

In such a case, since there is a risk that the worker booms down with the metal board as soon as possible, the Defendants have a duty of care in the safety management to prevent death by having the work worker wear the E-Stoper to the blicker, which suspends the operation of the Clicker, or by setting it on the floor of the workplace, to prevent the accident by dividing the blicker's hand or the blicker's hand or the blicker's hand at the time of the occurrence of the danger, or to observe the victim who is engaged in the blick work.

Nevertheless, the Defendants neglected this and caused the victim to work without taking any particular safety measures so that the victim can promptly move into the body during the livering work.

In the end, the Defendants conspired to cause the victim to die due to the prolonged damage to the victim on the same job by negligence.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. A written result of autopsy and postmortem examination;

1. Application of statutes on site photographs;

1. Relevant Articles 268 and 30 of the Criminal Act concerning criminal facts and the choice of punishment;

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