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(영문) 의정부지방법원 2018.09.13 2018고단2064
업무상과실치상
Text

Defendant

A shall be punished by imprisonment without prison labor for six months, and by imprisonment without prison labor for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

B The construction site of D main commercial buildings at the construction site in Namyang-si, Namyang-si, and the construction site manager who subcontracted the structural construction from E E representative F, and the defendant A is the head of the working group employed by the defendant B.

The Defendants, around 09:00 on January 13, 2018, had the third floor of the building in the construction site at the above site, to move a pipe of construction materials with a length of about 1m from the ground.

However, there was no building outer wall as a newly-built building, and there was a risk of an accident due to the decline fall, while moving with a hack pipe, the Defendants had a duty of care to control the number of persons below the work site, to install equipment to move a hack pipe, such as a hacker or hack (hoist, string machine), or to safely transport the hack pipe on its own and on the ground to prevent accidents caused by falling water in advance.

Nevertheless, the Defendants neglected this and did not take such measures as restricting the passage of the general public or workers on the ground or restricting their access, but ordered Defendant A to move the construction materials to the ground without installing equipment to move the hacker or hacker, etc. on the ground. Defendant A did not take such measures as restricting the passage of the general public or workers on the ground or restricting their access on the ground, and Defendant A, even though being aware of the absence of such measures, had the hack pipe out of the building and caused the hacker pipe to shock the head of the G (51 years old) and the right hacker on the right side.

As a result, the Defendants conspired to inflict bodily injury on the victim, such as the ductal ductal of the number of days of treatment, by negligence in the above business.

Summary of Evidence

1. Defendants’ respective legal statements.

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