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(영문) 인천지방법원 부천지원 2014.02.07 2013고단2539
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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

Reasons

Punishment of the crime

The defendant is the representative of the electricity parts manufacturing business chain in Kimpo-si D, who is in charge of overall control over the management of workplace, employees, and safety management.

On May 30, 2013, the Defendant used the Victim F (30 years of age) who is an employee in the above E on May 30, 2013 to produce electric parts, etc. (GP-60).

However, in the event that electric parts are manufactured using presses, there is a risk of suffering from injury by cutting or sealing the iron plate, which is a raw material, in the process of cutting or sealing them, the Defendant has a duty of care to have a technician specializing in the above presses perform presses or prevent accidents caused by presses by installing a e-electronic safety device.

Nevertheless, the Defendant neglected this and allowed the manufacturing of electric parts using the presses on the ground that the electric safety devices installed in the previous presses interfere with the work, and allowed the above victim to work using the presses, rather than the technical engineering specializing in handling presses.

Therefore, while the above victim was engaged in the work using presses, the victim's left hand was slicked between slicking and golding on the wind that takes the position of slick.

As a result, the Defendant suffered damage to the left-hand side of the victim, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Recording records, on-site and press photo;

1. Application of cut finger photographs and diagnostic papers to Acts and subordinate statutes;

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. The defendant under Article 62(1) of the Criminal Act committed the instant crime.

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