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(영문) 서울남부지방법원 2017.05.24 2017고단1371
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:00 on May 9, 2014, the Defendant, as the operator of sofacing season, was engaged in the work of lowering the fixed number of 602 apartment B, Gangseo-gu Seoul Metropolitan Government 602, and the cargo facing machine at the facing construction site.

In such a case, one of the workers will assist in combining trees with a Belgium, facing the angles of trees so that the Belgium may not be omitted, so there is a risk that the worker will lick if the click clacks.

Therefore, the operator of a clicker has a duty of care to leave the work after checking whether the click clock is flicked or the click clacked accurately even if the work is carried out in the form of the click clacker in advance.

Nevertheless, the Defendant neglected this and caused injury to the victim by failing to check whether the victim C (52 years old) did not flick in the condition where the burner was installed on the ground that it was not significant in trees, and by failing to check whether the burner was installed accurately, and by failing to check whether the victim C (52 years old) flicked the blick in the blick season with the blick so that the victim’s body flick was flicked, and thereby, caused damage, such as “blick 1 and 2 blick,” and “nick blick flick due to damage to the blick.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C Written complaint;

1. C Written confirmation of disaster victims;

1. A business owner's certificate of E;

1. A diagnosis report on disability after disability;

1. Copies of medical records; and

1. Application of the original Acts and subordinate statutes confirming the payment of insurance proceeds;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant is pening in depth and the victim does not want the punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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