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(영문) 인천지방법원 2020.07.23 2020고정459
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 11:00 on July 14, 2018, the Defendant, who is engaged in the business of installing and repairing air conditioners, was required to replace air conditioners with the demand of residents entering the above BBD on the roof of Suwon-gu, Suwon-gu, Suwon-gu.

At this point, since the above BB loan residents frequently travel to their daily lives, the defendant has a duty of care to prevent lubrication in the air-conditioning equipment from being exposed out of the pipelines through pipes in the process of separating pipes for the replacement of air-conditioning equipment, and in the case where lubrication is exposed, it has a duty of care to immediately remove it and prevent the danger of the traffic congestion.

Nevertheless, the Defendant had a victim E (the age 67) (the age of 67) who had rapidly worked on the rooftop in around 15:00 on the same day because he did not immediately remove lub oil discharged through pipes during the work of replacing air conditioners in the air conditioner, and neglected it as it was.

As a result, the above victim suffered bodily injury, such as influence in detail between 12 weeks of treatment and the right-hand pelke.

Summary of Evidence

1. The defendant's statement E and F by each police officer's statement;

1. Application of the Acts and subordinate statutes to field photographs, evidence photographs, medical records and copies thereof;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 20 million won;

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected;

3. The fact that the defendant made a decision on the sentence of punishment of this case reflects the mistake while making a confession of the crime of this case, the degree of violation of the defendant's duty of care is not very heavy, and the defendant has no criminal power exceeding the fine.

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