Text
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of the company B, who takes charge of the removal work and safety management of the store in Gangseo-si.
On September 2015, the Defendant performed installation works to prevent dust generated during removal works at the above site.
At the same time, there was an area where many pedestrians pass through the construction site and it is anticipated that many tourists visit and pass by the regional festival near the above site. Therefore, a person in charge of removal work and safety management has a duty to pay due attention to the person who is in charge of the installation of facilities such as a dust prevention, etc. installed at the construction site so that they do not move.
Nevertheless, the Defendant neglected this, and installed a safety facility to protruding off the dust support from the above site to the roads where they pass by, and caused the victim E (62 years) who passed around 13:00 on October 9, 2015 to go beyond the support stand for the dust prevention.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as sexual cerebral cerebrovassis, which had no open room for the number of days of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and E;
1. Reports on the occurrence of safety accidents, and photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;
1. The degree of injury suffered by a victim for the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution is not minor, and the victim was not subject to a minor fine due to a violation of the Industrial Safety and Health Act in 2014, and the occurrence of the result was also affected by competition of the victim’s negligence;
Bo. Bo.