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(영문) 대법원 1974. 12. 24. 선고 74도2072 판결
[업무상과실치상][집22(3)형,56;공1975.3.15.(508),8300]
Main Issues

Where a Class A technician causes damage to his/her human life while performing electrical construction by a Class B technician, he/she shall be held liable for criminal negligence of the Class C technician.

Summary of Judgment

In the event that a Class A electrical engineer, who is only able to carry out electrical construction works, was at his own responsibility and carried out construction works under the direction of the field officer, and the steel tower in the construction was collapsed and thereby caused human life damage, the qualification Category C technician’s execution of construction works under his responsibility is a criminal fault.

Escopics

Defendant

upper and high-ranking persons

Prosecutor

original decision

Seoul Criminal Court Decision 73No6075 delivered on March 12, 1974

Text

The original judgment is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.

Reasons

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment, since it was acknowledged that the defendant had no capacity of using the steel tower at the same time with 1string of 7.5§¯, the court below found that the defendant had no capacity of using the steel tower at the same time with 1string of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 14th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 5th of 1st of 5.

However, as mentioned in the reasoning of the court below, the electric wires should have been removed from the duty of using the wire at all, and the electric wires should have been removed from the duty of using the wire at the 12 steel tower to maintain a certain capacity, so even if the electric wires had already been fixed to the non-fluence of each steel tower, it is hard to say that the electric wires should have been removed from the duty of using the electric wires at least 2 and 3 until the steel tower so that the electric wires would not have been removed from the duty of using the electric wires at all, and that it would not be hard to say that the electric wires would have been removed from the duty of using the electric wires at the same time, and that the electric wires would not have any further impact on the weight and human resources of the electric wires up to the next 10, and that it would be hard to say that the electric wires would have been removed from the duty of using the electric wires at least than the duty of using the electric wires at the same time, and that it would be hard to say that the electric wires would have been removed from the duty of using the electric wires.

Therefore, the original judgment is reversed and remanded in accordance with Article 391 and 397 of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Yoon-Jeng (Presiding Justice)

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