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(영문) 광주지방법원 2019.09.10 2019고단2816
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has overall control over the construction site of a new house in Jeonnam-gun B, and the victim C(44 years old) is a person who has been employed as a daily worker at the construction site of the new house.

On March 12, 2019, around 08:25, the Defendant directed the victim to attach the joint board of the second floor outer wall on the roof of approximately 3.1m above the 3.1m height at the construction site.

The Defendant, who is in charge of the construction work and the safety management of workers, was aware of the fact that the roof location of the construction site at the above new construction site at a height of about 3.1 meters and the risk of fall at the roof. As such, the Defendant failed to take such measures as neglecting his duty of care, despite the fact that he had a duty of care to guide and supervise the employees to wear safety equipment, such as safety caps, safety shoes, safety shoes, and safety belts, in order to prevent the fall and fall of the construction site at the workplace.

On March 12, 2019, around 08:25, at the construction site of the newly constructed house, the victim lost the balance of body and crashed, while carrying out the work of attaching the joint board of the second floor outer wall on the roof of approximately 3.1m above the direction of the defendant at the construction site of the new house.

Ultimately, the Defendant caused the death of the victim in his job by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. A report on the results of investigation of a deceased person, a body autopsy, and a written opinion on disaster investigation;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (explosive investigation into the vicinity of the site), report internal investigation (explosives of safety belts used for conducting high-air work) and investigation report (explosives of safety belts);

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.

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