2013 Highest 593 Injury by occupational negligence

A

Iscinate (prosecution) and booming (public trial)

Attorney at Law (Korean National Assembly)

May 2, 2013

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.

Facts of crime

On September 28, 2012, the Defendant was an employee of B, who was engaged in the elevator inspection and repair business. On September 28, 2012, at the Defendant’s house located in the Busan Dong-gu, Busan, on 00 roads, the Defendant was called from the victim D, who is the above C apartment security guard, while receiving a report that the elevator for the first floor vehicle of C apartment located in the Busan Young-gu, Busan, was broken down. In such a case, the Defendant, who is engaged in the elevator inspection and repair business, was forced to demand prompt measures from the victim D, who is the above C apartment security guard. In such a case, the Defendant, who is engaged in the elevator inspection and repair business, shall prohibit access

The Defendant neglected this and instructed the victim to take the emergency position in the elevator, while making phone calls as above. The Defendant neglected to do so and instructed the victim to take the emergency position in the elevator.

In order for the victim to take an emergency position due to the defendant's occupational negligence, while entering the elevator door for the vehicle of the first floor underground, the victim fells above the elevator roof of the elevator with a height of 1.5 meters and caused the victim to suffer approximately 10 weeks from the pressure that the victim fells into the elevator door for the second floor underground. The summary of the evidence is the summary of the evidence.

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A medical certificate;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 268 of the Criminal Act; Selection of imprisonment without prison labor

1. Suspension of execution;

Article 62(1) of the Criminal Act

Judges Song Jin only