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(영문) 수원지방법원 여주지원 2016.02.03 2015고단1073
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person operating the E-Symna City, installed a feed tank that can store ten tons of feed around November 201, 201 while operating the above fish tank, and has been engaged in the management of the above feed tank from around that time.

In such cases, the Defendant had a duty of care to prevent the occurrence of an accident, such as the transfer of a feed tank through safety inspection and maintenance repair of the feed tank structure on a regular basis.

Nevertheless, from November 2012, the Defendant neglected to conduct a safety inspection on the above feed tank structure without conducting the safety inspection, and around July 13, 2015, around 18:09, the place where one part of supporting the foundation of the above feed tank structure was damaged due to flood, etc. in the direction of the above E, which led to the collapse in the direction and the balance of the feed tank was lost. At that time, the victim F (44 years) who supplied feed to the above feed tank was dedicated to the above feed tank and structure.

In the end, the Defendant caused the death of the Defendant at the same place in the process of covering the above feed tank and structure that became the victim by negligence in the course of the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A corpse death certificate;

1. A report on the results of field identification;

1. A report on internal investigation (in cases of attaching photographs to the scene photographs, photographs of the detection of new victims, CCTV analysis and caps);

1. Each response to a request for appraisal;

1. Drawings of feed tank and structure;

1. Application of Acts and subordinate statutes on fireproof reports (a3 application of Acts and subordinate statutes accompanied by photographs of cement mortars based on A3);

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Article 62(1) of the Criminal Act provides that the nature of the crime shall not be mitigated in light of the fact that the reason for sentencing under Article 62(1) of the Criminal Act leads to a serious result of the death

Provided, That the defendant makes a confession and reflect on the crime.

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