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(영문) 인천지방법원 부천지원 2018.04.10 2017고단2865
업무상과실치상
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person in charge of safety management who actually manages the Nowon-si Construction Work, such as the management of underground entrance doors, the installation and removal of steel stairs routes, and the safety management work, within the construction section of the said construction section, as the site warden of F Co., Ltd. who subcontracted the E construction work in Kimpo-si.

From January 5, 2017, the Defendant was performing the work of removing underground stairs of the second entrance connected to the underground of the said construction section from around F Co., Ltd. from around January 5, 2017, using a mountain stack, and was obliged to perform the duty of care to prevent the fall accident by controlling the entry of the said two entrances by posting safety personnel to prevent the occurrence of safety accidents, such as fall, etc. during the removal work, or attaching a signboard, such as a fall, etc., to prevent the fall accident.

Nevertheless, at around January 6, 2017, the Defendant: (a) was employed by F Co., Ltd. by employees G, etc. of F Co., Ltd. in the process of removing the above, and did not properly control access despite leaving the above site to drink other operations or trials; (b) was negligent in taking occupational measures to prevent the fall, etc. of other employees or outside persons; and (c) did not know that the removal work of underground stairs was in progress; (d) was carried out by H Co., Ltd. in the front line part of the construction section of the said construction section, a private person, who was employed by H Co., Ltd., Ltd. (52 years of age) without having the victim I (52 years of age), was cut under approximately nine meters of the number of days of treatment, and suffered injury, such as damage to the scarcity system of the scarcity in the scar River where the victim could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against I, J and K;

1. Statement by the police concerning G or L;

1. Photographs (No. 47 once a year);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act and the choice of imprisonment without prison labor concerning the facts constituting an offense;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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