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(영문) 인천지방법원 2014.11.19 2014고단6667
업무상과실치사
Text

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.

Reasons

Punishment of the crime

The defendant is a person who operates Bupyeong-gu Incheon Metropolitan Government CD and manages construction works, such as stone construction works, windows, stairs, etc. of the Seo-gu Incheon Metropolitan Government E plant construction works.

On January 6, 2014, the Defendant, at the bottom of the stairs located in the 1st floor of the new construction site at the construction site at the above construction site, had the victim F (50 years of age) conduct the measurement of the lower parts of the steel stairs, with two strings installed a string-type A (50 years of age).

The Defendant, as a safety manager of the above work, was aware of the circumstances that the victim employed by himself up to about 2.4 meters of the height of the above measurement work, and thus, the Defendant had a duty of care to take safety measures, such as having the victim wear a safety mother before the work and fastening the sprink, and having an assistant to take safety measures, such as having an assistant to take the safety measures by fixing the fall prevention facility and the bridge around the above bridge.

Nevertheless, the Defendant neglected to do so and caused the victim to do so, without fixing the string of the safety strings, and without safety facilities such as safety strings and safety strings, and had the victim conduct such measurement work.

On January 26, 2014, the Defendant caused the death of the victim due to the occupational negligence, which fell from the above bridge and was under medical treatment at the Macheon-do Hospital at the Macheon-do University on 11:45, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with his/her bereaved family members and that the victim's negligence appears to exist in the occurrence of the instant accident);

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