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Reasons
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(영문) 광주지방법원 장흥지원 2020.05.28 2019고단289
업무상과실치상
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Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the LAB and the victim C(the age of 34) is a person who transports freight to the LAB.

On August 12, 2019, the Defendant: (a) around 15:20 on August 12, 2019, the Defendant was engaged in the work of loading the cargo transported by the victim from the cargo vehicle E2.9 tons on the cargo vehicle and loading the cargo in the above warehouse.

In such a case, the defendant had a duty of care to ensure that the defendant loads the cargo in a balanced manner to both Pokes when loaded the cargo, and that the defendant has a duty of care to prevent the occurrence of accidents by preventing contact between the cargo being unloaded or transported or the cargo to be transported or fork-going vehicles when loaded the cargo.

Nevertheless, while the Defendant neglected to load and unload the cargo on both Pokes, the Defendant requested the victim to load and unload the cargo, and caused the victim to load and unload the cargo. Then, the lost cargo was left to the victim by falling short of the balance toward the victim.

As a result, the Defendant suffered injury to the victim, such as 1,2, and 3 chest pressure pressure, which requires approximately 12 weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to a medical certificate and a report on investigation (verification of ownership).

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

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