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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is a business owner who has run a construction business with one full-time worker under the law of 116 of the building No. 116 in the Daegu Seo-gu, Seogu.
The Defendant was awarded a contract for KRW 1 million from Jinjin Construction Co., Ltd. to “E” located in G in G in G in G in G in G in order to perform construction works on May 28, 2016, and was responsible for all matters concerning safety and health of workers belonging to the said workplace.
The business owner shall have workers engaged in the work, which is in danger of falling off or flying material objects, or of which the person engaged in such work, wear a safety cap, the falling or shock of material objects, and the work which is in danger by cutting in material objects, by paying safety shoes to them.
Nevertheless, the Defendant, at the above construction site on May 28, 2016, failed to provide safety caps and to have them wear, despite the risk of falling at the natural seat of about 1m in a height of a slope and about a 1m.
Summary of Evidence
1. Statement by the defendant in court;
1. Part of the police statements made to F;
1. The application of the Acts and subordinate statutes on the collection of PKm business information, industrial accident investigation table, construction basic safety and health education, each field photograph, and the application of the Act and subordinate statutes on the job;
1. Relevant Article of the Act and Articles 67 subparagraph 1, 23 (3), and 23 (4) of the Industrial Safety and Health Act concerning facts constituting an offense;
1. Penalty of one million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59(1) of the Criminal Act of the Suspension of Sentence (the fact that the defendant has no previous record, the negligence of the worker seems to have caused the occurrence of the instant case, the fact that the labor welfare corporation has been compensated for industrial accidents of the Labor Welfare Corporation, the contents of the instant contract, the age of the defendant, and all other circumstances such as the Defendant’s sex