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(영문) 광주지방법원 목포지원 2021.03.26 2020고단1154
업무상과실치사
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Attached Form

The term “criminal facts” is the same as the previous term.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement B, C, and D, reports on the result of field identification, internal investigation reports, reports on the contract for the installation of electric materials supply, supervision, etc., waiver of construction, business registration certificate, decision-making based on the voluntary payment of fines for negligence, and survivor agreements;

1. Article 167(1) and Article 38(3) of the relevant Act on the Safety and Health of Industries (amended by Act No. 17187, Mar. 31, 2020) concerning criminal facts (the occupation of death of workers due to non-compliance with safety measures) and Article 268 of the Criminal Act (the occupation of occupational and dental history)

1. Selection of a fine to choose a sentence under Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Act on the Health and Safety of Industries heavier than punishment) (see, e.g., circumstances leading to the change of statement related to a crime of violation of the Industrial Safety and Health Act; circumstances leading to the change of statement by a defendant; circumstances leading to the crime committed; circumstances leading to the victim; causes leading to the accident; details leading to the bereaved family members; and the bereaved family members’ consent to the punishment of a defendant;

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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