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(영문) 대전지방법원 2014.10.30 2014고단2856
업무상과실치상
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of the “D”, which is a plastic house establishment company located in Daejeon Pungdong-gu C.

On June 17, 2013, the Defendant employed the victim G (40 years of age) from the “F” located in Sejong E on June 17, 2013, and caused the Defendant to build a vinyl house.

As such, in the case of installing a plastic house, a gate for supporting the load and for preventing the fall, and if the gate installed for the convenience of the construction is removed, a supporting unit has a duty of care to install a plastic house so as not to use it.

Nevertheless, the Defendant, even after removing a plastic sloping support unit, immediately caused the victim to take a active spons or fix the pipe and pipe by getting up about 4 meters above the ground without installing a plastic sponsor (a single sponsoring work) and then became the victim who was working in the place of the plastic sponsoring because the sponsor of the plastic sponsor was unsponsed by the sponsor.

Ultimately, the Defendant caused the victim to suffer injury, such as the alleys of the pelpelle, the 3th pelle, the left-hand satum satum, etc., which require the victim to receive approximately 12 weeks of medical treatment by such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes to medical certificates and disability medical certificates;

1. Relevant Article of the Criminal Act and Article 268 (Selection of Punishment)

1. Suspension of execution of sentence under Article 62 (1) of the Criminal Act reflects that there is no record of criminal punishment once or more times in favor of the victim's intention to punish him/her; that the victim has been subjected to the industrial accident disposal by the Korea Labor Welfare Corporation; that part of the damage has been recovered; and that the deposit (five million won): Other consideration of the family relationship

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