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(영문) 대구지방법원 2014.04.11 2013고단6015
업무상과실치사
Text

Defendant

A A A shall be punished by a fine of 3,000,000 won, and Defendant B shall be punished by the imprisonment without prison labor for six months.

Defendant

A The above fine shall be imposed.

Reasons

Criminal facts

Defendant

B is the business owner of the Fmat located in Daegu Nam-gu E, and the defendant A is the employee of the Mtet.

If the Defendants intend to operate a cargo elevator installed on the third roof outer wall of the said gar, they shall take measures, such as installing a safety structure so as to prevent any person from entering or approaching the passage of the elevator. In the case of operating an elevator, they have the duty of care to operate the elevator after checking whether there is any person in the vicinity of the elevator or the first floor of the elevator.

Nevertheless, at around 15:50 on April 28, 2013, the Defendants carried out cleaning work without any safety device to prevent people from approaching the surrounding area of the said elevator, and let the victim G (76 years old) who was sitting on the bottom of the mast elevator get out of the cargo elevator, and did not find out the victim G (76 years old) who was sitting on the bottom of the mast elevator, and caused the victim to be injured between the elevator and the ground.

The Defendants, due to the above occupational negligence, suffered injury to the victim during the 4-5 galone and the gallethal damage, and caused the victim to receive treatment at the Young-gu, Daegu-gu, Daegu-gu University Hospital on September 24, 2013, and caused the death of a parous shock.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Each police interrogation protocol against the Defendants

1. The police statement of H;

1. An investigation report (Attachment, such as a death diagnosis report);

1. A medical certificate;

1. On-site photographs;

1. Results of the fact inquiry to the Daegu Heavy Fire Department chief of fire department;

1. As a result of the elevator image reproduction, the Defendants’ determination on the Defendants’ assertion is based on the relevance between the instant accident and the Defendants’ use of the instant elevator, and the causal link between the victim’s injury.

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