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(영문) 서울동부지방법원 2019.01.23 2018고단3787
업무상과실치상
Text

Defendant shall be placed in six months without prison labor, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:30 on February 26, 2018, the Defendant, who is engaged in the operation of Category B, sold trees by using a fracker for planting trees at the site of a fracker in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), and moved trees to the Gu fracks, and then planting soil to the fracker.

At the time, the clicker was attached to the clacker (the clicker clicker clicker clicker clicker clicker clicker), so the defendant who manages and operates the clacker was under duty of care to check whether the clacker and the clacker are properly installed in the clacker clicker in order to prevent the clacker from being separated at will

Nevertheless, the Defendant neglected to do so and did not check whether fixed pin is properly installed, and did work using the above chacker to cover up soil in the Gu, and shocked the victim D (the age of 62) where the cacker laid down trees in the nearby place, on the wind that the cacker separates from the cacker.

Ultimately, the Defendant caused the victim to suffer injuries, such as cage cages, which require approximately eight weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the D Protocol of Statements

1. Penalty provisions: Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

1. Suspension of execution: Article 62 (1) of the Criminal Act (In consideration of the fact that the punishment is not imposed under an agreement between the victim and the criminal case, and that the person is the first offender);

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