Text
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a senior operator of the LAC.
On October 18, 2017, the Defendant had the victim E-car in the case of a dispute resolution committee, which is located in the north-gu, Northern-si, in the case of the victim E-car in the case of approximately 12:30 on October 18, 2017, in a state where the four head of the victim E-car in the case of a sub-contractor, the Defendant was engaged in an additional 4th of the
At the time of the above-mentioned work, there was a duty of care to prevent accidents by safely working, such as putting off the already-in-depth silver to the floor and cutting off it on the floor, or fixing it on the part of the company in order to prevent the falling of the company.
Nevertheless, the Defendant neglected this and neglected to load the cargo, and loaded the cargo onto the part of the victim's inner part of the cargo while the victim loaded the cargo onto the ship (3.2 meters in length and about 160km in weight). In addition, the Defendant used the truck to load the cargo to the 4th load (1.2 meters in length and about 160km in weight), and caused the victim to fall into the floor, and caused the victim to fall into the part of the victim's inner part of the cargo outside the floor.
Accordingly, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim with cerebral tension caused by the pressure pressure of the victim.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Each police statement made to F, G, and H;
1. A death certificate;
1. Application of Acts and subordinate statutes to the scene of internal investigation reports (on-site conditions and photographs of a changer), change of safety accidents, a survey report on actual condition, and CCTV images-cape photographs;
1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] Type 3 (Occupational, Gross Negligence Death, etc.) (No. 4 months to 10 months) of the mitigation area (special mitigation person] [the decision of punishment] of the non-criminal penalty [the decision of sentence] of the defendant's negligence is disadvantageous to the defendant that the result of death occurs.