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(영문) 창원지방법원 진주지원 2018.11.16 2018고정274
업무상과실치상
Text

Defendant

A shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person employed as a worker at the site of the studio construction in the Jinju-si.

On January 13, 2018, around 09:00, when performing building roof construction at the construction site above the upper end of the construction site, wooden jointboards were put up on the roof, which is installed on the outer wall of the building, in order to put them up on the roof.

The above Gohap is a narrow breadth of 9.4 meters from the ground, and immediately adjacent to the construction site is a road coming and coming by pedestrians, and there is a risk of shocking pedestrians due to the falling of the above Gohap, so the Defendants had a duty of care to prevent accidents caused by falling water, such as setting up a safe place so that the roof materials at the time of work do not fall, installing a water-prevention net or a vertical protection net, etc., or controlling the number of persons under the work site.

Nevertheless, C neglected to take safety measures such as the installation of a cargo prevention network, etc. by neglecting this, and the establishment of an area subject to prohibition of entry into and departure from the area, and the Defendant, by negligence, caused the victim D (8 years) where the said leg was fallen and passed on the ground, by leaving the wheel (1,200 meters wide, 2,400 meters long, and 10 meters thick) as it is on the sloping.

As a result, the Defendant conspired with C in collusion, and caused the victim to suffer a bruption of the upper right-hands, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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