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(영문) 인천지방법원 2017.06.29 2017고단209
업무상과실치사
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual representative of "E" under construction business, and the victim F(47) is the victim's team constructor.

On June 17, 2016, at around 15:00, the Defendant worked as the site warden at the request of the construction of a new living facility in Gyeyang-gu Incheon Metropolitan City, and requested the victim F to conduct a survey for the installation of a building outer wall board.

In such cases, in order to prepare for safety accidents, the defendant has a duty of care to provide the victim, etc. with a safety cap and to take measures necessary to prevent danger, such as installing a safety net or safety log in the light of the Working Group in preparation for falling.

Nevertheless, the Defendant did not pay a safety cap to the victim, and by negligence did not install a safety net or safety log for the prevention of fall, caused the victim to lose the center and fall on the ground of the first floor while the victim was on the side at the second floor (up to six meters in height).

Around June 28, 2016, Defendant 1 caused the victim to die in the above occupational department and room by the I hospital located in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs, scenes, and carcasses;

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 on the suspended execution;

1. 【The grounds for sentencing of Article 62-2 of the Social Service Order Criminal Act / [the scope of the recommended punishment / [the three types] The basic area [ August - 2] the ground for denying the suspension of execution / [the grounds for denying the suspension of execution ] The victim’s bereaved family members did not receive any / the efforts to recover damage. / The ground for affirming the suspension of execution / The degree of victim’s awareness of the lack of safety facilities caused by the accident, the involvement of negligence, and the pain of the bereaved family members, but a certain amount of money (15 million won) is deposited.

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