(영문) 광주지방법원 목포지원 2014.03.07 2013고단1635

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(영문) 광주지방법원 목포지원 2014.03.07 2013고단1635

과실치상등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant injured by negligence is the captain of a cemetery located in Korea-U.S.D., and E is a person who, after being requested by the Defendant to work in a cemetery, employs a person, such as the Victim F (Age 68).

At around 07:30 on May 18, 2012, the Defendant, at the time of commencement of the first work, ordered son G and H to cut down pine trees around the cemetery using an engine saw lent by her, even though she had not been at the site of E, and around 11:00 on the same day, E arrived at the scene of the victim.

Since there is a risk that pine trees will cover the human body while performing the work, the defendant and E have a duty of care to prevent accidents in advance by allowing them to work at a sufficient distance from the punishment point so that they do not fit for the pine trees which are predicted to be used in any direction and used by the human body.

Nevertheless, at around 12:30 on the same day by negligence, the Defendant and E neglected to do so and caused G to write down pine trees on the left shoulder of the victim.

In the end, the Defendant and E jointly suffered injury, such as the elbling of the superior executives in need of approximately 12 weeks of medical treatment, by the above negligence.

2. The Defendant, in violation of the Creation and Management of Forest Resources Act, cut down trees of 30 cm in diameter around the cemetery on the ground that there is an increase in the size on the cemetery without obtaining permission from the competent authorities at the time and place specified in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and E;

1. Part of the prosecutor's protocol of examination of the defendant

1. The statement of each police officer made to F and G;

1. A written diagnosis, etc. and written estimate regarding the F;

1. According to each of the evidence stated in the investigation report (on site rent) and on-site photographs, the defendant shall be E.

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