logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.12.09 2020고단510
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On October 14, 2019, at around 10:20 on October 14, 2019, the Defendant was working to be hulle down rice by driving the compact in the farmland owned by the victim C (the age of 86) in the forest room B.

At the time of the second part of the compacter, the victim was cutting down rice with the improvement, so in such a case, there was a duty of care to check carefully the front, rear, and left and right of the compacter's driver, and prevent the occurrence of the accident.

Nevertheless, the Defendant neglected this and neglected the part of the body part of the victim, who was working in the rear part of the Mabane, to the right part of the said comfore, followed by the negligence of the defendant.

Ultimately, at around 11:08 of the same day by occupational negligence, the Defendant caused the death of the victim due to a multiple trauma, etc. in the same workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to written reports on autopsy of corpse, post-explosion, field identification photo-related photographs, and reports on the investigation of dead bodies;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant did not check closely the front, rear, and left and right of the compacter's driver's driver's compact, and thus, the victim who was working in the rear part of the compacter's side was shocked, and the details of the crime result in death, which is disadvantageous to the defendant.

However, the punishment shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant is recognized to commit the crime, that the victim's bereaved family members agree with the victim's bereaved family members are not subject to the punishment of the defendant, that there is no record of criminal punishment except once a fine, and that there is no other record of criminal punishment, and that there is no other reason

arrow