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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person in charge of the safety and health management of the business owners of C factories that process drainage raps in Namyang-si, Namyang-si.

On October 19, 2017, the Defendant, at the above plant around 11:25, had the victim D (year-old) (D, 58) perform the work of creating booby using press machinery.

In that sense, the injured party was not aware of the method of using press machines due to the packing, etc., and there was no way to receive safety education, such as the method of using press machines because the injured party was not well aware of Korean language. Therefore, the Defendant, who is a safety health manager, had a duty of care to prevent the injured party from having the injured party undergo safety education, including the method of using press machines, or other work not dangerous to the press system, during his work, such as having the injured party undergo safety education, including the method of using press machines, or having the injured party do other work not dangerous to the press system.

Nevertheless, the Defendant neglected this and did not educate the victim about the safe use method of the press machine, possibility of accidents, etc., and caused the victim to process the drain traps using the press machine, by negligence, the victim was subjected to an accident where the press machine was operated with the press machine around October 19, 2017, while working with the press machine around October 11, 2017.

After all, the Defendant suffered from the injury that was cut off by the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1));