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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
(A)The Defendant is a C’s staff member who has been engaged in elevator inspection and repair work.
On September 28, 2012, at the defendant's house located in the Dong-gu Busan Metropolitan City on September 06:51, 2012, the defendant was called for prompt measures from the victim F, who is the above E apartment security guard, while being called out after receiving a report that the elevator for the first floor of the e-house 1st apartment in Busan Metropolitan City was broken out.
In such cases, the defendant, who is engaged in the inspection and repair of elevators, has a duty of care to prevent accidents in advance by taking measures to prohibit access to elevators for vehicle use from persons with no professional knowledge, promptly called the elevators, confirming whether the elevators are abnormal, and confirming whether the elevators are abnormal.
Nevertheless, the Defendant neglected this and instructed the victim to take the emergency position in the elevator, while making a telephone call as above.
In order for the victim to take an emergency position due to the defendant's occupational negligence, while entering the elevator door for vehicles of the first floor underground, the victim fells above the elevator roof of the elevator with a height of 1.5 meters and caused the victim to suffer approximately 10 weeks from the pressure that the victim fells into the elevator door for vehicles of the second floor underground.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes of a medical 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. Article 62 (1) of the Criminal Act;