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(영문) 청주지방법원 영동지원 2016.08.11 2015고단280
업무상과실치상
Text

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

However, 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 director of C and a person who manages the workers of the Quarrying in Chungcheong Dong-gun D.

On June 20, 2015, the Defendant: (a) around 09:40, at the Quarrying on June 20, 2015, had the victim E (45 years old) use a scke and have the victim E (45 years old) run the work of pushing ahead to the lower slope side of the slope.

At this point, there is a risk of danger to workers due to the collapse or falling. In such a case, the defendant who manages workers has a duty of care to prepare a work plan stating the method of dividing rocks and notify the workers of the work plan, and to check whether the worker's work is carried out toward the lower slope of the work site in a safe way.

However, the Defendant neglected to prepare a work plan and neglected the duty to confirm the above work of a worker in a place far away from the above work site, and neglected to do so, the Defendant, while working in a flag with a large size of a slope in which the victim was flag and flaging the soil of a slope in contact with a large scale of a stone, flaged with a large scale of a blag and a blag and a blag.

Ultimately, Defendant 1 suffered injury to the victim by negligence in the course of performing the above duties, such as cutting a frame of open guard, which requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the accused (including the F large portion);

1. Statement made by the police for E;

1. On-site guidance and on-site photographs;

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

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

2. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] is irrelevant to the two types (the injury caused by business, gross negligence or gross negligence) (the area of recommendation and the sentence of punishment).

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