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(영문) 청주지방법원 2013.11.20 2013고단1102
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, as the head of D (main) production department, was working as a field manager in the fact that he/she produces a chemical scrap, which is a raw material for motor vehicles.

On December 3, 2012, at around 20:35, the Defendant listened to the fact-finding factory in the second floor E located in the Chungcheongnam-gun, Chungcheongnam-gun, and checked the air-comers on the first floor, but confirmed that there was no error in the construction machine, and operated the automatic and passive location of the dried machine up to the second floor.

In such a case, after checking whether there is a person in the vicinity of a drying machine, the defendant neglected to perform his duty of care to operate the drying machine safely. However, the defendant, while leaving a bridge on the screen installed under the drieder No. 4, the defendant neglected to do so and opened the bridge on the screen installed under the drieder No. 4, and operated the drying machine by manipulating the drieder's operating location and operated the drieder without discovering the F.

Accordingly, the Defendant caused the above victim to cut off the upper upper part of the left spons by the occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. Application of statutes on site photographs and diagnostic certificates;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. The sentence shall be determined as per the order, in consideration of all the factors of sentencing, including the fact that the defendant is led to a crime, the fact that the defendant has deposited 10 million won for the victim, the fact that there is no record of punishment more than a suspended sentence, the degree of damage to the victim due to the instant case, etc., and other unfavorable circumstances, such as the defendant's age, character and behavior, environment, background of the crime, and circumstances after the crime, etc.

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