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(영문) 대구지방법원 김천지원 2014.08.07 2014고단571
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

The Defendant was employed as a worker in E in Kimcheon-si, who was employed by D in F and G, and was engaged in the work of cutting trees in F and G, and around 08:00 on February 6, 2014, the Defendant used a mechanical saw at the above wooden field to perform the work of cutting trees, such as pine trees.

However, there is a risk of accidents, such as where the number of workers exceeds a tree and the risk of diversification exists, the defendant, who is an employee of a felling, has a duty of care to prevent accidents in advance by maintaining a certain interval of time from accessing the area where the felling timber is written, and after checking whether there is another worker within the radius of the risk prior to the felling work, or by giving signals to the other worker, he/she has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so and did not confirm the existence of another worker within the risk radius prior to the logging, or send signals to the other worker, and thereby, did so, at around 08:35 on the same day, the Defendant covered the head of the victim H (66) who was preparing for the work of cutting, such as mechanical sawh hand, at a place where approximately 24 meters away from the Defendant’s length, approximately 25 meters away, and approximately 40cm away from the end.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., the injury to the two parts on the same day.

Summary of Evidence

1. Each legal statement of the defendant and D;

1. Each statement made to I and J;

1. A report on internal investigation (in cases of attaching on-site photographs), a permit for felling standing trees, a zone planned for felling trees, an application for purchase of insurance for lumbering business, and a report on the results of investigation (in cases of 99 pages

1. Application of Acts and subordinate statutes on a written autopsy;

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

1. The degree of negligence of the defendant under Article 62(1) of the Criminal Act, and the deceased.

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