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(영문) 대전지방법원 홍성지원 2016.02.19 2015고단1240
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

On February 10, 2015, the Defendant, at around 12:05, instructed human beings, such as the victim C (79 taxes) at the site of the Defendant’s housing repair work for a farming household located in Hong-gun, Chungcheongnam-gun, Hong-gun, to stack up building outer walls, etc. with bricks.

Accordingly, since the victim and the other parts of the body are engaged in the work of piling up the 1.4m height from the floor and piling up the bricks, the owner of the work ordered to do so has a duty of care to take measures such as installing a safety rail in order to prevent the other parts from losing balance and falling down in the work zone.

Nevertheless, the defendant did not actively manage and supervise the body of the victim, etc. to wear a safety cap on the ground that it is a small-scale personal construction project, and did not install a device against the fall, such as a safety rail.

The Defendant, by such occupational negligence, left plastic boxes on the work site installed by the injured party, lost balance while he was carrying out the work of piling up the bricks above, and crashed the concrete floor below and shocking this end, and caused the injured party to death due to damage to the cirral mar caused by the 31-way 6-lane of the south-gu, Chungcheongnam-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu, Yancheon-do., 13:47 on February 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the suspension of execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Jan. 1, 2006).

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