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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a business owner who engages in the business related to the sprink, etc. in Chuncheon City C, and is a business owner who hires workers at the site of the class E of Gangwon-do, Gangwon-do, E, and manages their safety and health affairs.
1. On May 1, 2017, the Defendant, in violation of the Industrial Safety and Health Act in relation to the death of workers F, caused the death or injury of the Defendant in occupational department and occupational room, instructed the victim F (53 Do) to cut standing timber at the scene of the above felling on May 1, 2017, and led the victim F (53 Do) to engage in a planting work, where the victim saws the timber at the slope of the degree of 43 degrees and cuts the timber timber at the length of up to 2 meters (the work of cutting the timber timber conveniently and cutting it at an appropriate length).
In such cases, the defendant, a business owner, has a duty of care to provide safety caps to the victims who work in a place where trees are likely to fall, and to conduct a prior investigation into the topography, ground, and height of the place of work and to prepare a plan for work of heavy objects in consideration of the result thereof, and to instruct them to work in accordance with the plan.
Nevertheless, the Defendant neglected this and did not have the victim wear the safety appearance properly, and caused the victim's death by occupational negligence, which caused the victim to take the climatic work without preparing the weight work plan, and due to the victim's occupational negligence, the trees cut down in the slope area and faced with the head part of the victim's head, while the victim was receiving medical treatment at the H hospital located in Gangwon-gun G, Gangwon-do.
As a result, the Defendant caused the death of the victim in the above occupational course, and at the same time caused the death of the victim by failing to take necessary measures to prevent the risk caused by bad working methods when handling punishment, heavy objects, etc.
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