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(영문) 의정부지방법원 2018.06.15 2017고단5856
업무상과실치상
Text

1. Defendants shall be punished by imprisonment without prison labor for one year.

2.Provided, That each of the above punishments shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a director at the construction site of "D" in Gyeonggi-do Group C, and is in charge of the safety management of the above construction site. Defendant B is a person in charge of the assembly process of the above construction site, who is a person in charge of the safety management of the above construction site.

At around 13:53 on October 17, 2017, the Defendants jointly and severally ordered the employees to work at a height of about 6 meters above the ground in the front of the instant construction site and thereby at the risk of fall. Therefore, the Defendants had a duty of care to prevent the crash accident of workers by taking necessary measures, such as having the employees wear safety caps and work, or operating a fall prevention facility such as the safety net at the work site. However, the Defendants neglected such measures and ordered the victims E (58 years old) to wear safety caps while conducting the assembly of the roof board, or without installing the fall prevention facility at the construction site, and caused the victims to suffer injury, such as pressing the 12 weeks in need of medical treatment between the victims by fall at the floor below 6 meters of the board that was not fixed.

As a result, the Defendants jointly caused the injury to the victim by negligence that neglected the duty of care as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of victim E;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes on the site photographs and damaged photographs of the case

1. The Defendants: Article 268 of the Criminal Act and Article 30 of the Criminal Act and Articles 268 of the Act concerning the selection of punishment without prison labor;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of a community service order: Defendant A’s duties at the site of construction of a new farm’s death on the ground of sentencing under Article 62-2 of each Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc.

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