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(영문) 서울중앙지방법원 2014.02.20 2013고단7111
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six 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 is an employee of a mutual distribution company, who is in charge of supplying food to a large retailer that entered into an agreement with the said company.

On July 18, 2013, around 15:03, the Defendant loaded goods to be supplied to the hydrogen in Seongbuk-gu Seoul Eart store and transported them.

However, at the time, the defendant had been carrying things in a flood, and there is a danger that people blick in the flood of the defendant. Thus, the defendant must load things in the flood only at a height to the extent that the view of the front door can be secured, and there was a duty of care to prevent the people from facing the front door and the left door thoroughly in the process of fasting and fasting the things loaded.

Nevertheless, without neglecting this, the Defendant neglected to load the above hallways at a height of 150 to 160cm and moved the hallways in the front door without securing the view of the front door. In short, the Defendant did not discover the victim F (the age of 49) who was walking around the front part of the Defendant, and received the upper part of the victim’s buckbbbbbbbbs, and caused the victim to go beyond the floor, thereby causing injury to the victim, such as the closure of the upper part of the body of the body of the right side in need of medical treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes on diagnostic certificates and CCTV photographs;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (limited to damage, the degree of violation of the duty of due care of the defendant is relatively minor, the deposit of 10 million won for the victim on February 18, 2014 after the closing of argument, the depth reflects the fact that the victim was made on February 18, 2014, and the fact that there was no criminal record other than once

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