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(영문) 의정부지방법원 2016.09.30 2016고단1061
업무상과실치사등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a representative of the “C” in the two weeks of the Gyeonggi-do, and is a personal business owner who ordinarily employs two workers and implements D-prefabricated Building Remodelling construction works at the time of the two weeks of the Gyeonggi-do.

The business owner shall provide his/her employees with personal protective outfits, such as safety caps, safety belts, etc., at a place where the height of not less than two meters high is likely to fall, and when his/her employees work in a place where the crashs or falls, he/she shall install a work board by means of assembling the vision, etc., and when it is difficult to install the work board, he/she shall take measures necessary to prevent the fall risk, such as installing the safety net, or having workers wear the safety belt.

Nevertheless, at around 15:00 on January 3, 2016, the Defendant, at the construction site of the above assembly-type building, ordered the victim E (56 years) (the victim E) to put up the studs of the floor above 4 meters above the 4-meter roof, did not provide the victim with personal protective outfits, such as safety caps and safety belts, and did not take any measures to prevent the fall, such as the installation of a rain or safety net, and caused the victim E to conflict with the head part on the floor by falling down the 4-meter floor below the floor of the above 4 meters.

Ultimately, the Defendant did not take safety measures to be taken as the business owner as above and, at the same time, caused the victim to have the above occupational negligence on January 3, 2016, due to the injury to the head’s father at the government mother hospital of the Tol University caused the death of the victim due to the injury to the head’s father.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A death certificate;

1. A copy of the written appraisal of autopsy;

1. Application of Acts and subordinate statutes to written opinion on accident investigation;

1. Relevant provisions of the Act concerning facts constituting an offense;

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