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(영문) 수원지방법원 여주지원 2016.09.27 2016고단783
업무상과실치상
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant is a person who has been engaged in the business of operating a digging range at the construction site of a new electric source house located in Gwangju City B around 11:20.

Defendant had been engaged in the work to prevent soil from flowing through an open space between the area of cutting off and retaining walls at the above construction site. In such a case, the Defendant had a duty of care to ensure that the persons engaged in the operation of the digging pool do not fall down in the space between the area of cutting off and the retaining wall and the lower part of the tree roots and the lower part of the lower part of the lower part of the building site.

Nevertheless, the defendant, after the retaining wall, had a large bottom of a tree left without a sufficient space for piling up the bottom of the tree, caused the above wooden bottom to be left under the retaining wall and installed on the said new house outer wall.

As a result, the Defendant, by falling off the victim C (54) (54) who is under the direction of work on the strings set up on the 2nd floor due to his shock, suffered bodily injury, such as the cutting of the strings, which require approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

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

1. Disadvantageous circumstances, such as the fact that the degree of injury of the victim for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not weak, and that the defendant committed his crime, the victim does not wish to punish the defendant, and the defendant does not have any history of punishment for the same kind of crime in the past, and the victim appears to have given work instructions at the construction site without being equipped with a properly equipped safety device as a person responsible for safety management at the construction site of this case.

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