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(영문) 부산지방법원 2014.10.16 2014노676
업무상과실치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of KRW 10 million, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. Under the Defendant’s work instruction, the victim suffered serious injury, such as a studio that requires treatment of at least 16 weeks away from the lower part of the 4-5m of the main removal work in Seodaemun, while taking account of the degree of the victim’s injury, the matter is not somewhat complicated.

However, in full view of the evidence and records duly adopted and examined by the court below, E, the owner of housing, etc., in the house as stated in the judgment of the court below, requested the defendant, etc. to remove the gate at the site of drinking alcohol with the defendant, the victim, etc., for a long time. The defendant decided to remove the gate together with the victim who worked as the part of the construction site for a considerable period of time, and the price was set at KRW 600,000,000,000,000, including the defendant and the victim, who participated in the removal of 400,000,000 won in comparison with waste disposal costs and food, divided equally into four personnel expenses, including the defendant and the victim. However, while the defendant et al. had only a simple tool and carried out the removal work, it can be recognized that the defendant suffered from the above slve of the above slve as stated in the judgment of the court below, and the defendant's duty to remove the slive or construction amount.

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