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(영문) 수원지방법원 성남지원 2018.07.27 2018고단572
업무상과실치상
Text

Defendant shall be punished by a fine of 18 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 10, 2017, the Defendant, who is engaged in indoor interior interior decoration business, ordered victims E (47 years old) who were employed through human resource offices at a villa located in Gwangju-si, Gwangju-si, to dismantle the roof of the above villa.

In such a case, the Defendant, a construction business operator, has a duty of care to prevent risks to the life and body of the workers due to fall by taking safety measures, such as paying safety equipment, such as safety caps, and installing a fall prevention device, such as a safety light or safety light net, in preparation for falling.

Nevertheless, the Defendant neglected this and caused the victim to work without installing safety equipment, such as a safety cap, etc., and caused the victim to work without installing a fall prevention device, such as a safety light or safety light net, and caused the victim to suffer injury, such as a plebing, which is away from the floor of 2.5 meters at the above roof while the victim was working on the above roof, by getting the victim to suffer an injury, such as a pleba, which requires approximately 12-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to medical treatment;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) under Article 334(1) of the Criminal Procedure Act by having the Defendant work for the victim without any safety measures, thereby causing the victim to suffer any minor injury.

Nevertheless, the victim did not receive any insurance benefit and has never been recovered from the damage.

The punishment shall be determined as ordered in consideration of the degree of damage, etc.

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