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(영문) 부산지방법원 2015.12.10 2015고단4364
업무상과실치사
Text

1. Defendant A shall be punished by imprisonment without prison labor for ten months;

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant A and Defendant C were the representative director of M, a corporation, who subcontracted the whole landscaping part of L apartment construction work, which was undertaken from January 2002 to August 2006, 2006 from Busan Jin-gu, Busan, and Defendant C was the head of the field office who overall management and supervision over the above construction site.

Defendant

A around June 2006, around 105, '8' typeed sculptures (weight 105 cm, height 100 cm, thickness 10 cm, land retaining original features 53 cm) that were made by proxy stone on the top of the 105 colon in the apartment complex.

Since the above apartment complex is 840 households with a large number of 840 households, and the above sculptures are installed adjacent to the delivery, many people could have sufficiently predicted that accidents may occur by exceeding the above sculptures if they have access to the above sculptures and expected to do so, and thus, in light of the structure and size of the sculpture, a person who installs the above sculpture has a duty of care to install the sculpture firmly so that accidents, such as making it close to the bed and connected with the bed using a solid poper with a height of at least 1.5 cm in diameter, and not less than 10 cm in diameter, should prevent any gaps on the bed part of the bed part of the bed.

Nevertheless, Defendant A installed the above sculpture, using poppy 1 cm in diameter and 4.5cm in height, which has weak support power while installing the above sculpture, and installed a spoppy water in a poor manner so that there is a gap of at least 1 cm in the contact part between the sculpture and the water bed and the water bed.

In addition, Defendant C, as the site manager of the above apartment site, is a person in charge of the management and supervision of the apartment building so that it can be constructed in a safe and proper manner. As such, Defendant A, a landscaper, is a selling person.

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