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(영문) 수원지방법원 2014.02.05 2013고단6402
업무상과실치사
Text

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

On May 2013, the Defendant was commissioned to construct a roof trusses from D, the owner of a multi-family house of the second floor in Yeongdeungpo-gu, Young-gu, Young-si, G, and started construction work by employing work workers from May 26, 2013.

The above construction is to install a new brin roof on the rooftop of the above building, and its work is conducted on the rooftop of the above building with a height of at least seven meters. In such cases, the defendant, who is the construction manager, has a duty of care to prevent fall accidents, etc. by thoroughly directing and supervising the employees to take safety measures in advance, such as wearing safety caps, safety shoes, and safety bells, and then fixing safety altitude to a rail, etc.

Nevertheless, the Defendant neglected to provide the workers with safety equipment, such as safety appearance and safetyation, and had the workers cut off the rop and fasten it on the rooftop rail. On June 3, 2013, at around 10:40, the victim E (65 years old) who was working to fix brins in accordance with the Defendant’s instructions from a rail with a height of about 8.36 meters on the rooftop of the building at around 8.36 meters on June 3, 2013, felled into the verblue floor of a news flue, which caused the death of a froke in the emergency room of G Hospital located in Yeongdeungpo-gu, Suwon-gu, Suwon-gu, Suwon-si, which caused the death of a chest froke system.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and D;

1. Emergency medical services log;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (i.e., the reflection of the fact that the victim has reached an agreement with his/her bereaved family member);

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