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(영문) 창원지방법원 밀양지원 2016.09.22 2016고단292
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six 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

Criminal facts

The defendant is a person who is a temporary removal worker of an elevator that has entered into a contract with C, and the victim E (60) is a patient with alcohol dependence who is hospitalized in C.

Where a removal work operator of an elevator forced to open the elevator door in the course of the elevator removal work, he/she shall confirm whether the elevator door has been completely closed in order to prevent the fall of the elevator users' entrance, and work in the front of the elevator door in a state of installing a safety shielding board.

Nevertheless, the Defendant, at around 10:10 on October 31, 2015, carried out the removal work of an elevator on the first floor of C villa 1 located in F, not in the Gyeongnam-gun, and was moving to the left side of the elevator without confirming whether the upper door of the elevator was completely closed.

At this time, the victim reported that the right-hand elevator door has been opened, and entered the inside through an open elevator door, and fell down below 6.8 meters.

As a result, the Defendant suffered injury to the victim by failing to confirm whether the elevator door was completely closed, and without installing a safety shielding board, due to the negligence of working without installing a safety shielding board, approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, and J;

1. Each investigation report (in relation to the verification of on-site CCTVs), (in relation to the verification of the hours of opening medical records), (in relation to the verification of the medical records), (in relation to the verification of the medical records), (in relation to the receipt, etc. paid by the suspect and witness J of the victim E), and (in relation to the notification, etc. of the conclusion of the contract for removal construction works

1.Each internal investigation report (as to unwritten statements, such as the seal of the victim in the statement protocol), (as to attachment of the victim's diagnosis report), and (as to this elevator accident).

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