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(영문) 인천지방법원 2015.04.01 2014고단8482
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 16:50 on July 2, 2014, the Defendant, at the construction site of the Bupyeong-gu Incheon Bupyeong-gu Office Office Office Office Officetel, was performing the construction of the steel structure by moving the h beam by using the hn beam beam (D) from his driving.

At the time, the victim E (the age of 49), who is a part of the field work, was engaged in the operation of a V, and in such a case, the defendant engaged in the operation of a cnife season, has a duty of care to take care of the cnife beam on which the victim is on board the cnife, and to take care of the cnife beam.

Nevertheless, the Defendant, by neglecting such duty of care, caused the sloping beam of the victim to fall off on the ground by shocking the h beam beam of the victim with the sloping part of the sloping hole as a negligence of operating the sloping machine.

As a result, the Defendant suffered from occupational negligence the injury of the victim, such as a closed dynasium and a closed dynasium, including four or more fynasium damage, four or more fynasium damage, which requires approximately 18 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (victim E-party investigation);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the sentence of imprisonment without prison labor is rendered because the degree of injury suffered by the victim is serious.

However, the execution of imprisonment without prison labor shall be suspended considering the fact that the defendant makes a continuous effort to recover damage, etc., the victim has improved through continuous treatment, the fact that the victim does not want the punishment of the defendant, and the fact that the defendant has no record of the same crime.

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