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(영문) 대전지방법원 천안지원 2015.07.13 2014고정707
과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a business operator who operates a dump, and the victim E is a business operator who repairs machinery between the seeds.

On November 22, 2013, around 19:00, the Defendant was aware that the Defendant was in the process of replacing the repairer machine (hereinafter “instant machine”) by requesting the victim E (7 years of age) who is a repairer from the DNA seeds located in Asan City F to replace the repairer machine (hereinafter “instant machine”).

The defendant has a duty of care to prevent the occurrence of danger in advance because the defendant has a high risk when the defendant works in a narrow space of machinery.

Nevertheless, as long as it is neglected, it divided the operating location of the instant machinery in which the victim was working, and thereby caused the right hand on the rubber level of the machinery operated by it.

As a result, the defendant suffered injury to the victim, such as the pressure tragic shock on the left-hand side, which requires four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E and G;

1. Protocol of inspection by this Court;

1. Application of Acts and subordinate statutes to a medical certificate, a certificate of transfer, and an emergency medical service worker;

1. Article 266 (1) of the Criminal Act and Article 266 of the same Act concerning the crime, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his defense counsel set the location of electric power resource according to the direction of the victim at the time of the instant accident

The defendant asserts that there was no power source location in a situation in which the victim gets a loss in the Belgium because the victim had a loss due to his own negligence, there was no negligence on the part of the defendant, and the defendant can easily verify the situation in which the victim operated the machinery by putting a power source location into the Belgium.

According to the above evidence, when the victim sits after the instant machine, and knife his hand on the Belgium part, the victim knife on the Belgium that is connected to all of the Alife's own machines.

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