Defendant

B shall be punished by a fine of seven million won.

Defendant

B If the above fine is not paid, 100,000 won.

Criminal facts (Defendant B) The Defendant is a worker who is engaged in the classification work at C Recycling Screening Center and is engaged in the self-selective machine operation.

On June 24, 2016, the Defendant, at the Recycling Line Center located in G on June 14, 2016, operated a screening machine with self-sufficiency.

In such cases, the defendant, who is engaged in self-employed screening machine, has a duty of care to confirm whether he/she is a person inside the machine before the machine operation and to operate the machine.

Nevertheless, the Defendant did not confirm whether there is a person inside the machinery, and did so in the inside of the mast machine by negligence in the course of performing maintenance work inside the mast system without confirming whether there is a person inside the machinery, thereby causing the victim H and the above victim I to fall. Accordingly, on July 12, 2016, the victim H suffered injury, such as a disc escape certificate, an island wave, etc., which requires approximately 8 weeks of treatment, from the Seoul Western-gu University University 50-1, which was undergoing the follow-up treatment, and from the university Spanish Hospital, the victim H suffered from the brain death due to the low oxygen brain injury at the university Spanish Hospital.

Accordingly, the defendant caused the death of the victim H by occupational negligence, and suffered injury to the victim I.

Summary of Evidence

1. Defendant B’s legal statement

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to medical certificates and death certificates;

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s age, sex, environment, background leading up to the instant crime, means and result thereof, circumstances after committing the instant crime, the number of similar cases, and other various conditions of sentencing as shown in the instant argument, shall be considered. In particular, the following circumstances shall be considered: (a) the Defendant’s breach of duty of care; and (b) the Defendant’s breach of duty of care.