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(영문) 대구지방법원 안동지원 2015.07.21 2015고단264
업무상과실치상
Text

1. The defendant shall be punished by imprisonment without prison labor for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

From March 2, 2007, the Defendant, who run a new retail business with the trade name “C” in the permanent residence from around March 2, 2007, was a contractor for the roof repair work of livestock pens owned by E in D permanent residence at around October 1, 2014, employing five human resources, including victim F (year 56) through a human resources office.

Since the above roof was located at a point above the ground level of 5.5 meters, and work on the roof covering with weak materials, such as a line, etc., the Defendant, a business owner, was obliged to take preventive measures, such as installing a light board at least 30cm in width or providing a safety watch, if there is a risk that workers might pose danger, such as a failure in launching at the time of the above work, etc., and the Defendant, a business owner, has a duty of care to prevent accidents in advance by taking necessary measures, such as paying safety belts, etc.

Nevertheless, the defendant neglected to do so by negligence on duty and caused the victim who had been engaged in the work on the roof of the said stable to fall down with the floor from the roof of the above height point.

As a result, the Defendant suffered injury, such as the definite paralysis in detail, in which the treatment period cannot be known to the victim due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, G, and F;

1. Report on the occurrence of accident;

1. On-site reports on results of field identification;

1. Application of Acts and subordinate statutes to report on investigation (the current state of a victim and attachment of a medical certificate);

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the victim suffered serious injury due to the instant accident, and the defendant did not agree with the victim.

However, the defendant has no record of being punished for the same crime, and there is no negligence of the victim.

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