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(영문) 부산지방법원 동부지원 2019.01.09 2018고단2252
업무상과실치상
Text

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

except that 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

When the Defendant, as a general manager at the site of the removal of the building Busan Metropolitan City B, has workers work at a height of at least 2M at the risk of falling, he/she shall wear a safety belt, install a safety belt to safely walk the safety belt, and have a duty of care to take necessary measures to prevent any danger that may occur on the spot, such as thoroughly conducting safety education.

Nevertheless, around 09:59 on June 6, 2018, the Defendant did not provide safety education to workers at the site of removing the first floor of the elevator in Busan Metropolitan City, the first floor of the building B, and did not install a device that can walk the safety team, and caused the victim C, who was engaged in the elevator removal work, to fall about five meters above the underground floor of the elevator at a height of about 14 weeks, thereby causing injury, such as an electronic duplicating frame, etc., in need of medical treatment for 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports (Attachment to safety education areas, etc.);

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the victim's damage by negligence is serious.

However, there is no other criminal record except the defendant was sentenced to a fine of one million won for the crime of acquiring goods through occupational negligence in 2014, and the victim's damage can be recovered to some extent through industrial accident insurance.

In addition, in consideration of the defendant's age, environment, character and conduct, the details and result of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

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