(영문) 청주지방법원 2016.06.03 2015노703 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2016.06.03 2015노703

업무상과실치사등

Text

All appeals filed by the prosecutor against the Defendants and by the Defendants A and C are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and C provided the safety appearance to the N, etc. of the person who was the victim of Defendant B at the end, and N was also paid to the victim.

Nevertheless, the accident of this case occurred because the victim did not wear a safety cap, and there was an error in neglecting the victim's wearing a safety cap to the defendant A.

subsection (b) of this section.

Therefore, as to the facts charged of this case, the above defendants were innocent, and the judgment of the court below contrary thereto is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. (1) Since the victim misunderstanding the facts on all the Defendants fell from the second floor of the mobile string of this case, the Defendants’ failure to wear the safety strings of the victim, or the Defendants’ failure to install the safety strings constitute the cause of the instant accident.

Nevertheless, the court below held that the victim fell from the second floor.

On the premise that it cannot be seen, the court below acquitted the part of the charges on the wearing of sub-lease or the installation of safety railing. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (the fine of KRW 2,00,000, and the fine of KRW 3,000,000 for each of the Defendant A and C, and the fine of KRW 3,00,000) is too uneasible.

2. Determination

A. (i) As to the assertion of mistake of the prosecutor’s facts, the summary of this part of the facts charged “(1) The business owner shall provide safety belts and have them wear them at a place where the worker is at least two meters or is at risk of falling, and, if he wears safety belts, he shall install a safety string equipment that can be used safely. In the event that he/she works at the highest part of the vision by assembling the mobile strings, he/she shall install a safety rail on the part of the work strings and take safety measures for falling down at the bottom of the work strings.

In addition, a contractor shall be bound to contract part of the projects undertaken at the same place.

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