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(영문) 의정부지방법원 고양지원 2019.10.22 2018고정598
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant: (a) due to the business owner’s decline in the wife of B, C, the ceiling of B from C to approximately KRW 7-8 meters, and (b) caused difficulty in the operation of the machinery, which was predicted in wintering without good landscape; (c) upon the request of C to lower the ceiling at a height of approximately 3.5 meters, the Defendant installed a ceiling in the joint board and each item from June 8, 2017 to June 19, 2017.

In such cases, the defendant has a duty of care to prevent accidents caused by the fall of the ceiling wall by properly setting up the intervals between the reinforcement structure, such as the ceiling strings and ceiling strings, so that each item can be tanked with the ceiling board weight.

Nevertheless, the Defendant did not install a balone support for the balone, and caused the victims to suffer injuries, such as the balone’s salt, tensions, etc., in need of treatment for about two weeks, by excessively expanding the interval between the balone and the ceiling one, thereby getting out of the monthly price and weak support for the reinforcement structure. On August 31, 2017, at around 19:40, the Defendant covered the victim E (56, female) and the victim F (47 years and female) in the instant B located in D, where the 2-day balone site collapses, and caused the victims to suffer injuries, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, G, E, and F;

1. Each medical certificate [the following circumstances revealed by the evidence lawfully adopted and examined by this court, that is, at the time of the construction of the defendant's tent, it appears that he was aware of the fact that he was scheduled to install a subsequent lighting in the construction site, and even in light of the purpose of the building, etc., it appears that the defendant could have been aware of the fact. Thus, the defendant should have installed a ceiling (the ceiling, etc. was installed at the time of the installation of a tent, and the weight of lighting to be attached thereto to the ceiling itself and it is likely to ethyl, but in fact it was constructed by excessively wide distance between the ceiling and ceiling, and the above.

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