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(영문) 수원지방법원 평택지원 2017.08.02 2017고단231
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

From March 2016, the Defendant had worked as a site warden at the site of B factory extension works for a company from March 2016.

On April 6, 2016, the Defendant, at around 11:00, engaged victims D (48 taxes) in the construction site of B factory extension works in Ansan-si, Inc., Ltd., in order to build a three-story building, and caused damage to the victim D (48 taxes) without installing a safety net or safety rail for the prevention of fall, and allowing the victim to work without using the equipment, such as a lifts, such as a lifts, at a 10-meter steel structure at a height of 10 meters from the occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. The application of statutes to prepare and report each record book;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. The basic area (from April to October) of the sentencing criteria shall be applied [the scope of the recommended punishment] of negligent ideas and injury caused by gross negligence in the course of performing duties;

2. Although there was no agreement on the degree of injury of the victim who was sentenced to a sentence, considering the following factors: (a) the defendant reflects the defendant; (b) the defendant has no criminal history for about 13 years; (c) the defendant deposited a total of KRW 10 million for the victim; (d) the victim is also liable for the occurrence of an accident; and (e) the investigation report prior to the judgment of the protective observation office, etc., which can be revealed by the records of the instant case.

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