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(영문) 서울중앙지방법원 2013.10.24 2013노2102
업무상과실치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In the course of the operation of a lifts vehicle for transport of mosing news (hereinafter “instant vehicle”) and raising a mossium on the rooftop, the Defendant caused interference with the operation of a lifts, which was caused by the operation of the instant vehicle, by requesting the victim to get out of the transport equipment to remove all levels of school, and making the victim get out of the transport equipment at 7 meters above the ground, and then fixing the transport equipment after getting the transport equipment to the transport equipment, there is no error in the Defendant, even though the number of malfunctions or operating of the instant vehicle was not available, there is no error in the Defendant.

B. The lower court’s sentencing (one million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. According to Article 86(10) of the Rules on Industrial Safety and Health, the court below duly adopted and examined the assertion of misunderstanding of facts, i.e., the following circumstances acknowledged by the evidence, i.e., ① provides that “it shall not allow workers to board the transport equipment for the purpose of transporting animals,” and ② the defendant also knows that “it is prohibited from allowing the police to board a person in the manufacture company of a bridge, although he is not aware of the provisions of law.” The prohibition here means that “it shall include a person to board or alight together with this article, or boarding to remove obstacles at the time of loading or unloading,” and, in light of the fact that it is well known that it would not actively restrain the victim from boarding or unloading a person in the transport equipment, the defendant is allowed to board the vehicle without taking any measures to prevent falling, although it is necessary to avoid any danger of falling.

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