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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

【Basic Facts】 The Defendant is a person who operates a manufacturing company with the trade name “C” in C at the time of C, and the victim D ( South and 41 years old) is a foreigner of the Republic of Korea of Kazakhstan, who takes charge of presses operations in the above company.

【Criminal Facts” around 11:20 on December 10, 2019, the Defendant had the victim engage in presses work.

In such cases, the defendant shall take necessary protective measures, such as installing a cover unit on the relevant part, so that part of workers working using presses do not enter a dangerous system, and take necessary measures, such as using safety block in order to prevent risks that may occur to workers due to the operation of slots on his/her own.

Nevertheless, even if the safety air conditionings installed in the above machine and the protective measures were not taken due to the decline, the Defendant’s negligence of ordering the victim to do the printing of press machinery tools, tools, and crying operations, which caused the victim to suffer from the injury that the left hand of which the number of treatment days cannot be determined due to the suppression of left hand during the above work.

Summary of Evidence

1. Statement by the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes to field photographs, internal investigation reports (Evidence Nos. 7), and each investigation report (No. 18,19)

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years without prison labor;

2. Scope of recommendations based on the sentencing guidelines: Types 2 (Special Aggravation of Death by Occupational Negligence or Gross Negligence) (Special Aggravation of Death by Occupational Negligence or Gross Negligence) of the imprisonment without prison labor for not less than 4 months but not more than 10 months (decision of types of punishment): In cases of occurrence of serious injury, the basic area [Recommendation Area] of the punishment.

3. Determination of sentence: The defendant shall be sentenced to imprisonment without prison labor for six months and one year of suspended execution;