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(영문) 광주지방법원 2015.08.28 2015고단1435
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

around July 2013, the Defendant is a person in charge of the management of office and facility construction, etc. while working as a deputy head and managing director of the D Credit Union in Gwangju Northern-gu (hereinafter referred to as the “D Credit Union”).

On July 2013, the Defendant requested victim E (the age of 64) who is a construction business operator to perform a waterproofing construction work on the rooftop of the D New Cooperative Building.

However, on the rooftop of the D Newcom Building, there was a transformation room with three strings with a special high voltage current of 22,900 V, and in such a case, the Defendant was obligated to install fences to prevent any person other than the handler from entering the transformation room, or to take safety measures such as installing a locker with a mark prohibiting access and installing a locking device.

Nevertheless, the Defendant did not install properly locks at the entrance of the substation and allowed the victim, other than the handler, to enter the substation at his own discretion.

On July 8, 2013, the victim suffered 3 through 4 degrees electric images of the parts, such as 2 feet, face, face, etc. before high voltage electricity and requiring hospital treatment for more than two months. The victim suffered 3 to 4 degrees electric images of the parts, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused and F;

1. Each police statement of E, G, and H (including each of the defendants and F's respective statements);

1. Each investigation report (shot photographs around the site);

1. The application of Acts and subordinate statutes to diagnosis reports on residual disability, each diagnosis report, each opinion, each medical record sheet, each photograph, each photograph, rules on restrictions on access to facilities, and appraisal report;

1. Punishment without prison labor, considering the negligence of a criminal defendant, the degree of injury a criminal victim, the absence of agreement with a criminal victim, etc. under Article 268 of the Criminal Act concerning the crime;

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