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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The Defendant had a strong complaint on the safety management, etc. of the above construction site due to the fact that Defendant’s children suffered a traffic accident on the roads adjacent to the D Apartment Construction Site that C Company performed.
On April 20, 2017, from around 20:00 to 22:00 on the same day, the Defendant neglected to manage and supervise the construction site located in Nowon-gu in Seoul Special Metropolitan City (50 years) and, on the ground that it was negligent in the safety management, etc., the Defendant stated that “the completion of an accusation by a person in charge of the management and supervision of Nowon-gu, in the size of 11m wide and 2m long on the temporary fence of the construction site of the above D apartment site by using a black frame,” thereby damaging the victim’s market value by indicating the same method six times in total from around the above day to May 25, 2017 as indicated in the list of crimes in the attached Table.
Summary of Evidence
1. A protocol concerning the examination of partially the police officers of the accused;
1. A written statement;
1. Investigation report (verification of the fact of the victim, and the arrival of suspect's appearance, etc.);
1. Application of statutes on site photographs;
1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The construction site of this case is located on the road for children, etc., but is not properly managed, resulting in a serious risk to pedestrian safety. As such, the Defendant committed an act of entering the facts constituting the crime as indicated in the judgment in order to realize the awareness of safety against on-site managers.
Therefore, the defendant's act constitutes legitimate acts that do not violate social rules.
2. The "act that does not violate social rules" under Article 20 of the Criminal Code is placed in the spirit of the entire legal order or its hinterland.