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(영문) 대구지방법원 2010.8.19.선고 2010고단1782 판결
업무상과실치사
Cases

2010 Highest 1782 Occupational Death, etc.

Defendant

Korea1*****************);

Daegu Northern-gu 100 Dong 00 apartments 100 Dong 100

Daegu Northern-gu 00 Dong 000

Prosecutor

Encouragement failure

Defense Counsel

Attorney 000

Imposition of Judgment

August 19, 2010

Text

Defendant shall be punished by a fine of 20 million won. If the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

The defendant is practically operating soup banks, taking full charge of the management of facilities and the direction and supervision of employees of 000 soup, a soup bank, 000 Dollung-gun, 000 Dolung-gun.

From September 1, 2009, the Defendant has a duty of care to take appropriate measures in advance to prevent the inflow of the toxic gas generated in the bend and bend from being made soup in the form of being provided to customers. As such, there is a risk of human damage in the event that there is a concern that toxic gas, such as sulfur oxide, is likely to occur in the process of being hending shot, and such toxic gas flows into another shot horse, and there is a risk of human damage. Therefore, the Defendant has a duty of care to take appropriate measures in advance to prevent the inflow of the shot gas generated in the bend and bend shot from being made soup to other charcoal being used by customers.

Nevertheless, the Defendant, in collaboration with Park 00, did not take such measures as above, caused the victim to die in the form of the gas oxide addiction, by having the gas oxide from 09:41 on Nov. 17, 2009 to 16:56, which occurred from the 2nd charcoal, flown into the low temperature charcoal of 3 times in which the victim Kim 00 (the age of 56) is using.

Summary of Evidence

1. Defendant's legal statement;

1. Ba00. Protocol concerning the interrogation of suspect by the prosecution against stuffs;

1. Statement of the police statement concerning this0;

1. A written autopsy and appraisal;

1. Responses;

1. Written response to requests for appraisal of toxic chemicals;

1. The application of Acts and subordinate statutes to investigation reports (Investigation 23,31);

1. Article applicable to criminal facts;

Articles 268 and 30 of the Criminal Act

1. Selection of punishment;

A fine (the fact that there is no criminal record of imprisonment without prison labor or more, the fact that the victim's bereaved family members and the bereaved family members have deposited KRW 56 million in the process of civil litigation, the victim's drinking in the charcoal of this case which is not a water surface room, and the fact that the victim was involved in drinking in the instant charcoal, and the defendant's depth is divided).

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges

Judge Cho Jae-lin

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