Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, while operating a construction company “B”, is a person employed as a temporary on-site director of the installation work for D Persons with Disabilities contracted by “C” around October 24, 2014 and is engaged in overall management affairs, such as the execution of the said work, employment of a person, and safety management.

On December 29, 2014, around 16:41, the Defendant, at the site of an elevator in the “D” located in the Gyeongnam-si, Chungcheongnam-si, G, the Defendant, employed the victim F (66 years of age) as a daily worker and ordered the Defendant to perform the ceiling work on the wall surface of the electric piracy.

In such cases, the defendant, who is a person in charge of safety management at the construction site, has a duty of care to take necessary measures, such as installation of safety devices, such as safety net and safety height, and provision of safety education every day in the workplace to prevent safety accidents.

Nevertheless, the Defendant neglected this and caused the victim to fall on the floor of a construction site below about 10.3 meters while the Defendant was performing a piracy work without wearing a safety cap on the third floor steel plate inside the construction site where the above safety facilities are not installed.

The Defendant, by negligence in the course of business, sustained injury, such as damage to the two parts, where there are two open addresses requiring approximately 12 weeks of medical treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. F statement of the police interrogation protocol against the defendant

1. Each police statement concerning G and F;

1. On-site identification reports, investigation reports (to telephone calls on the details of employment of a suspect by the head of the department in charge of public duties), investigation reports (the payment of safety appearance of a suspect and statements by a victim related to safety education);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to field photographs and victim images;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is against the victim, and the defendant is against the law.