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(영문) 서울북부지방법원 2014.05.08 2013고단2713
업무상과실치상
Text

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

Reasons

Punishment of the crime

The defendant, as an employee of the elevator repair company, was engaged in the elevator maintenance work of the building in Seoul Special Metropolitan City, Nowon-gu, which entered into a contract for elevator maintenance and repair services with (ju)C from 2011.

According to the maintenance and repair service contract for the above elevator, the defendant must frequently inspect the above elevator, and in particular, the relevant Magart related to the motor for the elevator's specifications shall be limited to approximately 2.5 million persons, and if the elevator is operated for about one year and nine months in light of the frequency of operation of the above building, the number of such parts shall be different, so it shall be replaced in a timely manner to prevent the occurrence of the elevator accident, and there was a duty of care to prevent the occurrence of the elevator accident in advance.

However, the Defendant neglected to do so, and was installed around September 2002 and used in around 2012 and operated without replacing it, and caused the victim E (year 2) and the victim’s mother F on June 24, 2012 to rise in the elevator door while the elevator door was open.

Therefore, during the process of F, out of the elevator door, the victim E, who was outside of the elevator, has been suffering from the injury such as the damage of the lag and the lag of the lag in the left part of the victim, which requires the treatment of approximately four weeks by cutting the elevator door, and the damage of the lag and the lag of the lag in the left part of the elevator.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written adjudication of a judge in charge of oral accident investigation and accident investigation and elevator inspection contract;

1. Application of Acts and subordinate statutes to medical certificates, emergency center records, and copies of medical records;

1. According to Article 2 subparag. 4 and Article 17(1) of the Criminal Act and Article 15(1) of the Enforcement Decree of the same Act regarding criminal facts, an elevator owner, etc. or an elevator owner, etc. under a contract with reasons for sentencing under Article 268 of the Criminal Act.

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