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(영문) 수원지방법원 성남지원 2017.06.14 2016고단4174
업무상과실치상
Text

Defendants shall be punished by imprisonment without prison labor for four months.

However, as to the Defendants, the period of one year from the date of each judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the operation of the vehicle for filing a complaint in the Switzerland, and the defendant B is a person in charge of the overall affairs of safety management as an on-site warden at the site of repair work of the pet house in the FM in Gwangju-si.

On May 31, 2016, at around 10:35, the Defendants: (a) carried a scar operated by Defendant A in front of 108 the said multi-household house; (b) carried a victim G (66 years old) and a victim H (61 years old) on board the vehicle for filing a complaint; and (c) carried a repair project on the outer wall door.

At the time, the victims tried to carry out construction by linking the vehicle to the rooftop rail of a multi-family house with a height of 15 meters for the boarding of the vehicle in question. As such, Defendant A had a duty of care to prevent accidents by safely putting the vehicle in charge of filing a complaint into the floor and putting the vehicle in weight-centered, and safely taking the 15m work location at a height of 15 meters, and Defendant B had a duty of care to have taken measures to prevent danger, such as providing safety equipment to the victims and installing safety signs in preparation for the fall accident.

Nevertheless, Defendant A was negligent in the course of business, on the ground that he was on board the said vehicle without completely pushing the vehicle on the floor, which caused the vehicle to lose its center by weight, and Defendant B neglected to take such preventive measures as seen above in preparation for a fall accident, caused the victims’ failure in the course of business to remove the board of the victims from the bottom below 15 meters, thereby causing the victims’ G to suffer injury, such as the alley of the alleys of the left-hand body in need of approximately 8 weeks medical treatment, and the victim H suffered injury, such as the alley of the right-hand frame in the number of days of medical treatment.

As a result, the Defendants jointly suffered injuries from the victims by negligence in the course of their duties.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of a witness I;

1. Defendant B

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