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(영문) 수원지방법원 안산지원 2016.02.17 2015고단3235
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On July 31, 2014, the Defendant: (a) around 11:30 on July 31, 2014, the Defendant: (b) performed the work of transporting and unloading from the warehouse 40 arms, which were located in the warehouse using the Victim D at the victim D’s request, by putting 40 arms and valuables stored in the warehouse, into two parts.

After the defendant's work was directed, the victim, who had been reporting personal work, had been witnessed that the arm's length in which the other material was in unstable, and had been carried out by hand from the side of the train, so in such a case, the defendant had a duty of care to prevent accidents, such as by safely loading and unloading the loaded vehicle from the vicinity of the vehicle in preparation for the danger that the loaded cargo may be fast down or lowered, and by safely loading and unloading the loaded cargo at the time of loading and unloading the vehicle, the defendant has a duty of care to prevent accidents from being delayed.

Nevertheless, the Defendant neglected this and caused the victim to shock the right bridge part of the victim's right bridge, which lost balance by negligence in loading water and loading and unloading.

As a result, the Defendant suffered from occupational negligence the injury of the victim, such as light flaging to the right side, which requires treatment for about 84 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D parts of the statement);

1. Application of Acts and subordinate statutes on police statements made to D;

1. The pertinent Article of the Criminal Act and Article 268 of the Criminal Act regarding criminal facts, the choice of a punishment, and the choice of a fine (in spite of a relatively significant degree of injury to the victim, the defendant has not yet agreed with the victim, but has been led to confessions and reflects, the defendant is the first offender, the defendant has paid a medical fee of KRW 2 million for the victim, and additionally deposited KRW 5 million.

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