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(영문) 전주지방법원 군산지원 2014.05.01 2013고단1650
업무상과실치사
Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B is a person who operates F in E in the following cities, and Defendant A is a person who works in the above company on adjoining land, and Victim G(49 years of age) was a person who served as an employee of the above company.

The above company received the repair work of warehouse from the agricultural partnership I located in H in the following cities, and was in the process of removing fire-fighting warehouses.

Defendant

A around 16:00 on March 21, 2013, around 16:00, at the above site, used the H beam removal work installed at a height of 3 meters above ground with the victim G.

However, on the floor of that place, firesaws are covered and approximately approximately 13.8 degrees of slope. Thus, when the victim was engaged in the work of cutting on the lifts attached to the front of the foreel, the victim had a duty of care to prevent accidents in advance due to the occurrence of an accident, such as falling, etc., of the foreating vehicle, since the foreating vehicle is likely to drive without properly fixing the foreing vehicle, and the victim was at the risk of falling, etc., so the defendant, who operated the foreating vehicle from the driver's seat of the foreating vehicle, had a duty of care to prevent accidents due to the removal of the floor saw, etc. or complete the slope of the foreating vehicle.

Nevertheless, the Defendant neglected to stop the said fire brigade as soon as possible, left the flag on the flag, left the victim on the flag, and continued to remove the flag. On the wind that the flag moved back, the Defendant flag and the flag that the flag was taken by the victim on the flag.

Ultimately, at around March 22, 2013, the Defendant caused the death of the victim due to the pan-explosion in the hospital of the nuclear university located in the Yansan-si on March 22, 2013 due to the foregoing occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statement to J or K;

1. On-site photographs;

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