A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around December 5, 2012, the Defendant, a manager B, entered into a subcontract with the Sung Industrial Co., Ltd., Ltd., and entered into a contract for manufacturing and installing steel frame of “D Factory Construction Corporation in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun,” and was engaged in exercising overall control over safety and health measures for working workers at the construction site.

The aforementioned new construction works are carried out in steel structures with a height of 12 meters, and the workers are likely to fall down with vadidi. Thus, the Defendant, who is in charge of safety and health measures for working workers, has a duty of care to take necessary measures to prevent the falling risk, such as the installation of safety net and safety street, safety bridge, and lifts.

Nevertheless, the Defendant did not take such measures as above, and caused the victim F (52 years of age) to die with both sides of the steel structure, falling at around 11:50 on February 29, 2013 and resulting in the death of the victim of the instant steel structure by falling at both sides of the steel structure and falling at both sides of the steel structure.

Accordingly, the Defendant did not take measures to prevent the danger at a place where workers might fall down, and at the same time caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to G, H and I;

1. Photographs;

1. A written result of autopsy;

1. A construction subcontract agreement;

1. Application of Acts and subordinate statutes on disaster investigation reports;

1. Article 66-2, Article 23 (3) of the Occupational Safety and Health Act (the occupation of death of a worker due to the failure to take measures to prevent piracy) and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The fact that the suspended sentence is divided into the errors of Article 62 (1) of the Criminal Act, and imprisonment without prison labor;