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(영문) 수원지방법원 안산지원 2016.10.06 2016고단2815
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for four 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

As a business owner operating “B,” the Defendant was requested by “C” to install a list, and employed victims D(53 years of age) and was engaged in the installation of a list as a general manager at the site, along with “C” employees, E, etc.

On April 16, 2016, around 13:32, the Defendant carried out the installation of a h beam on the h beam at a height of about 10 meters within the construction site of “G” located in “G” in “G” located in Silung-si.

In such cases, a person engaged in the business of installing a list has a duty of care to install a safety signal, etc. on the sn beam beam at a height of about 10 meters, to prevent the danger of falling, etc., and to allow workers to work.

Nevertheless, the Defendant neglected this and did not install a safety signal, etc. to leave about 10 meters above the sn beam beam, and had the victim conduct the snife operations. In the process, the victim, who installed the snife, felled on the h beam of about 10 meters above the h beam at a height of about 13:39 on April 16, 2016, resulting in the death of the victim due to the depth and the collapse of the snife at the construction site at around 13:39 on April 2016.

Ultimately, the Defendant caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the results of investigation of a deceased person, a body inspection report;

1. A response letter to a request for appraisal and a written appraisal;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment without prison labor (hereinafter referred to as the following extenuating circumstances

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] 3 (Occupational Negligence, Gross Negligence, Death by Occupational Negligence, etc.) (Special Mitigation) (Article 62(1) of the Criminal Act / [Article 62(1) of the Criminal Act / [Article 62(1) of the Act / [Article 62(1) of the Act / [Article 62(3) of the Act / [Article 6

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