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(영문) 서울중앙지방법원 2013.08.27 2013고정1388
업무상과실치사
Text

Defendants shall be punished by a fine of KRW 5,000,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety management at the construction site of D religious organizations and new religious facilities located in Gangnam-gu Seoul Metropolitan Government, and Defendant B is an article of mobile strawers.

Defendant

B around 09:10 on September 6, 2012, around 09:0 on the construction site at the above construction site, the government operated a sub-contractor and transported 1.0t of bricks with weight 1.0t to the rooftop of the building.

In the event of the risk of an accident due to the falling-off while being transported, the Defendants had a duty of care to prevent an accident due to the falling-out of the goods by controlling the number of persons on the lower side of the work site, such as the flat, and by using the material transport cream, and thereby preventing the accident due to the falling-out of the goods.

Nevertheless, Defendant A could not conduct on-site management at a distance away from the field. Defendant B, despite the fact that the human body was working in the building, was operated in the building, and transported the wall of the body.

Such negligence of the Defendants led to the height of about 20 meters of the 7th floor of the building, and the bricks on the part of the garret was reduced to the lower part of the boom, and the bricks attached on the garret was covered by the telegraph of the victim E, who was attached the garre on the outer wall from the third floor below the site of the work, and the victim who fell on the 1st floor was sent back to the F hospital, but died during treatment.

Accordingly, the Defendants conspired to cause the death of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police statement of G and H;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (where a death certificate is attached);

1. Defendants: Articles 268 and 30 of the Criminal Act; Articles 268 and 30 of the Criminal Act; the choice of fines

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order:

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