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(영문) 서울북부지방법원 2012.12.20 2011고단3241
업무상과실치상
Text

Defendant

A shall be punished by imprisonment without prison labor for six months, and imprisonment for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B On September 24, 2009, the Busan District Court sentenced one year to imprisonment for fraud, etc. and completed the execution of the sentence on October 11, 2010.

[2011 Height3241] Defendant A is the general manager of the above construction who entered into a contract for the extension of a multi-family house with the owner of the multi-family house located in Dongdaemun-gu Seoul Metropolitan Government H, and the suspect B is the head of the field office.

around 16:30 on August 16, 201, Defendants conducted removal of rooftop water tanks to dismantle rooftop water tanks on the fourth floor of the construction site.

At the time, the above work was immediately after the rain was done and was the edge of the rooftop, and the above work was removed from the rooftop, and there was a risk of an accident due to falling-out, so in such a case, the defendants, as the general manager at the construction site and the head of the site, have a duty of care to prevent an accident due to falling-out.

Nevertheless, the Defendants failed to install the fall prevention facilities, such as the falling prevention network or the two lines, and ordered the victim E (the aged 46) to remove the said construction site without any negligence.

Therefore, while the victim was engaged in the removal of rooftop walls from the fourth floor of the above house, the rooftop slate was towed by one roof slate together with the rooftop slate, and the victim fell down on the I house of Dongdaemun-gu Seoul Metropolitan Government.

As a result, the Defendants conspired with the victim to inflict injury on the victim during the treatment days (from the moment immediately after the drilling to December 29, 201) such as the abolition of the right-hand body due to the fladuling of the trauma, fladuling of the external wound.

[2012 Highest 1638] The Defendant is the private village of the victim L at the K Office located in the third floor of the Seocho-gu Seoul Metropolitan Government J building on January 24, 201.

Fluorous green c. 3.6 million won

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