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(영문) 대전지방법원 홍성지원 2017.01.10 2016고단760
상해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the employer who acts on behalf of the business owner in relation to the matters of workers as the head of the work team of the (N) D, located in (N) A branch factory in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

An employer shall not do violence to a worker for the occurrence of accidents or for any other reason.

Nevertheless, at around 20:10 on October 4, 2016, the Defendant: (a) was in dispute with mechanical trouble at the Daump site located in Chungcheongnam-gun, Chungcheongnam-gun; (b) was in contact with each other; (c) was out of six times the head part of the victim E (the age of 51, n, n) was out of the safety appearance used for the reason that he was in harmony; and (d) was out of six times the head part of the victim E (the age of 51, n, n) was out of six times, and there was no one open for the victim to receive medical treatment for about 14 days.

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, such as a medical certificate of injury (No. 2 times a year);

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense (the point of injury), Articles 107 and 8 of the Labor Standards Act (the point of violation of the Labor Standards Act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (the confession and reflectness, the fact that it is not serious injury, the motive for crime has any circumstances that may be taken into account, and the fact that there is no history of punishment other than once a fine);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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