Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a site manager who is in charge of factory management, etc. in a company in the “B” corporation, which is a general waste disposal company.

On August 2, 2013, at around 07:50, the Defendant: (a) performed the work of crushing wastes from “B” corporation located in Pyeongtaek-si C; and (b) had the victim D (the age of 40) perform the work of removing foreign substances by entering a mination machine, as wastes do not operate due to mination blades.

Since there is a concern for workers to be at the time of commencement of the operation of scrapers and crushingrs, it is necessary to check in advance necessary matters such as placement, education, working methods, protective devices, etc. of workers, and to take necessary measures for the prevention of danger, the defendant operated the crushing machine without confirming the victim's entry into the mination machine, cut off the victim's right growth on the mination day, and cut off two left side of the mination.

Accordingly, the Defendant suffered injury to the victim due to the above occupational negligence, such as 8 weeks of medical treatment, and other injury, such as diversating the external wounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certificate of disaster;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing victim photographs and field photographs;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the injury inflicted on the victim for sentencing of Article 334(1) of the Provisional Payment Order is serious, and that the occurrence of the instant accident causes permanent disability, etc. is unfavorable to the Defendant; however, the Defendant appears to recognize the facts charged in the instant case and reflect his mistake; the Defendant agreed smoothly with the victim; and the victim has recovered from the Korea Labor Welfare Corporation a considerable portion of the insurance benefits, etc.