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Defendant shall be punished by imprisonment without prison labor for a period of one and half years.
Reasons
Punishment of the crime
From around 1988, the defendant has been working as a field of cutting-off operation.
At around 13:00 on January 31, 2012, the Defendant operated D D Excavation Search in Chungcheong-gun C, Chungcheongnam-dong, Chungcheongnam-do, and performed embanking-up work for the deceased E cemetery.
In such cases, a person engaged in the operation of a boomer has a duty of care to prevent the occurrence of an accident by taking safety measures, such as installing safety fences or assigning signal numbers, so that people can not access the boomer.
Nevertheless, the Defendant neglected this and neglected to take the above safety measures and caused the victim F (78 years of age) to have access to the click season by negligence, which was the bereaved family member of the above E (the bereaved family member of the E). As such, the part of the click ground was cut off with the body of the victim and caused the victim to fall below the above click site.
Ultimately, the Defendant caused the victim to die by the occupational negligence on February 3, 2012, at the Jung-gu Daejeon G Hospital on February 10:23, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of the witness H;
1. Statement of police statement made to H and I;
1. The application of statutes to copies of death certificates, such as the head of a complaint, data submitted by a complainant, data submitted by a complainant-medical records, medical opinions by a complainant, medical history data, etc.;
1. Article 268 of the Criminal Act applicable to the crimes;