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(영문) 대구지방법원 김천지원 2018.02.22 2017고단1737
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In Kimcheon-si, the Defendant worked as a factory site in E, and took overall charge of factory affairs, and the victim F served as a foreigner of Indonesia nationality from July 24, 2017.

On August 3, 2017, the Defendant discovered that all of the pulverized pulver pulver pulver pulver pulver pulver pulver puls pulver pulvers pulver pulvers pulvers pulvers pul

At the time, the victim was engaged in the removal of foreign substances in the inside of the crushing machine after blocking all of the crushing machine, so the defendant who intends to supply all of the crushing machine has a duty of care to check whether there is a worker inside the crushing machine and to prevent safety accidents, such as operating it.

Nevertheless, the Defendant neglected this and did not consider it as completion of the knife replacement work and did not confirm the working conditions and safety, and supplied all of the frife and operated by the frifer, and caused the victim's arms being inspected inside the knife of the knife to rapidly enter the knife inside the frifer. In the end, the Defendant suffered injury, such as 1, 2, 3, 4, 4, and 5, such as the knife cutting and the knife of the knife in the right knife in which the treatment period cannot be known, and 1,2, 2, 3, 4, and 5.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on internal investigation (on-site photographing, etc.), report on internal investigation (in relation to the status of a victim), report on internal investigation (in relation to the status of a victim), report on results of field identification, report on investigation (Attachment of on-site photographs) and

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from April to October) of the category two (the injury caused by duty, by gross negligence) within the scope of the recommended sentencing criteria;

2. The fruits of the defendant in the decision of sentence;

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