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(영문) 대전지방법원 논산지원 2013.11.01 2013고단271
업무상과실치사등
Text

1. The defendant shall be punished by imprisonment for eight months;

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

3.

Reasons

Punishment of the crime

The Defendant, as a person who conducts the lumbering business in E, was obligated to perform safety and health measures for his/her employees while employing five workers in the camping area in D.

When a business owner engages in the collection, transportation, etc. of lumbers, timber, etc., he/she shall prohibit persons other than the workers concerned from entering a place where there is a risk of cutting down the timber in the direction below, such as setting up a fence, etc., and, in conducting the cutting work, he/she shall set the shelter route and place for evacuation in advance, and shall determine a certain signal method and inform workers engaged in the work thereof.

Nevertheless, on December 24, 2012 due to negligence on December 14, 2012, the Defendant: (a) around 14:00, when the Victim E (Nam, 55 years of age) was used for 2 gings of the trees f in the above camping area and can be used as the floor at any time on other trees, and caused the death of the victim by using the said ging tree as the floor and covering the said ging tree with the victim at around 03:50 on December 25, 2012.

Accordingly, the defendant violated the safety measures obligation and caused the death of the victim by occupational negligence at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in F and G;

1. Each description of a death certificate, each photograph, report on occurrence of a serious accident, written opinion on accident investigation, or the application of video Acts and subordinate statutes;

1. Articles 66-2 and 23 (3) of the Occupational Safety and Health Act concerning the relevant criminal facts under Article 268 of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act;

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