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Defendant
A Imprisonment of eight months, and Defendant B shall be punished by imprisonment without prison labor for six months.
Reasons
Punishment of the crime
[Status of the Defendant, etc.] Defendant A is the business owner who performs the new construction work in Ulsan-gun F, Ulsan-gun, and Defendant B is an article that operates caters at the site of the new construction work, and Defendant G(61) is employed by Defendant A and worked at the site of the new construction work.
[Criminal facts]
1. On April 12, 2015, Defendant A violated the Industrial Safety and Health Act: around 10:40, Defendant A had the victim move her beam from the steel structure upper part of the steel structure of about six meters high to the steel structure to connect the steel structure.
A business owner shall require workers to wear safety caps and safety belts when he/she works in a place where material objects might fall, fall, fall, or fall, and shall take measures necessary to prevent fall, such as having workers wear safety belts and safety belts, and having workers wear safety belts when he/she works in a place where workers might fall or fall, machinery, equipment, ship blocks, etc., or in cases where it is anticipated that workers might pose danger, and having workers wear safety belts, etc. where it is difficult to install safety jackets, and shall take measures necessary to prevent fall, such as having workers wear safety belts, etc.
Nevertheless, the Defendant did not pay a safety cap and safety belt to the victim, and did not take necessary measures to prevent the fall of the safety net, etc. As a result, due to Defendant B’s error, the sn beamed the body of the victim, and the sn beamed the body of the victim, resulting in death of the victim due to serious brain damage on April 12, 2015, while the victim felled at the hospital.
2. Defendants’ occupational and practical death
A. Defendant A’s breach of the duty of care on April 12, 2015 (hereinafter “Defendant A’s breach of the duty of care”) connects the victim to the steel structure by transferring the sn beam beam from the upper part of the steel structure above the third gar of about six meters high from the construction site at the above new construction site at around 10:40.