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(영문) 인천지방법원 2018.09.14 2018고정523
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was engaged in the business of operating CKale cick at the site of the new construction project site of Incheon Jung-gu, Incheon, and laying cryle on the columns of the building.

On June 23, 2016, around 08:00, the Defendant: (a) made a fret connected to two labels from a point outside the construction site to a point outside of 8 meters, (6-7m, width of 50cm, weight of 400 km) and had the two walls installed at the construction site using a cret, and had the part of the work fresh fix the pole by using the stre.

At the time, the Defendant was given work instructions on the building by receipt.

D In accordance with D’s instructions, two columns installed in a building were laid a string between the two columns, and E (36) was placed at a 3-meter m height of 3 meters for the work to fix the string to the columns.

Therefore, the Defendant, who was engaged in the foregoing duties, should not start a fry before he was fixed to the pole, and even if he was fry, he had a duty of care to move according to D’s receipt.

Nevertheless, the defendant neglected this and operated a cater without D's instructions and caused him to drive a cater without permission.

E was reduced to its floor.

After all, the Defendant suffered from the above occupational negligence to E pressure pressure, which requires approximately 14 weeks of medical treatment.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, it shall be determined in the interests of the defendant even if there is a suspicion of guilt against the defendant.

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