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(영문) 수원지방법원 2020.09.24 2020고단4503
업무상과실치상
Text

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

except that 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 a person who has been engaged in the removal of scrap iron and wholesale and retail business, etc. with the trade name of “C” in the eternic City B.

At around 11:00 on December 11, 2015, the Defendant had a duty of care to prevent accidents by taking measures to prevent falling-off, such as controlling the number of persons surrounding the work site and carrying machinery using the said semiconductor machine, in order to dispose of semiconductor machinery (the height of two meters, weight of 500km) at the above “C” business establishment, and taking measures to prevent accidents.

Nevertheless, the Defendant neglected to do so, while carrying the semiconductor machinery in the cargo vehicle with the help of the victim D (the age of 68) who was known to the general public, the Defendant used the semiconductor machinery to cover the bridge of the victim while the semiconductor machinery has ceased to be centered on the cargo vehicle.

Accordingly, the defendant suffered injury to the victim in terms of pulverization of pulverization that requires more than 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police's written statement of statement to D and E, evidentiary documents, certificates of medical records, patient address notice, and bill of account of medical expenses;

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 reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Extent of recommendation according to the sentencing guidelines (decision of type), range of punishment against death or injury by negligence [Type 2], injury by occupational or gross negligence (special person): Where a serious injury has occurred (the scope of recommendation area and recommendation range], area of aggravation, and period of eight months to two years.

3. While the Defendant, while carrying semiconductors that amount to 50 km of weight, are aware that such semiconductor machines are at the risk of causing the occurrence of an accident by losing the center of the semiconductor machines and falling.

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