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(영문) 대전지방법원 천안지원 2016.09.22 2016고정351
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

The Defendant is a person who serves as the head of the working team in B.

On March 27, 2014, the Defendant: (a) around 10:45, at the Shing Work Office of “B” located in Northern-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, using the cream for transport (hereinafter “Sast”) with the victim D(44). In addition, the Defendant carried the iron plates on the tept, carried them over the work site, and carried them off work.

The above iron board (2,438cm x 1,219cm x 4.5m) has a duty of care to prevent abortion accidents in advance by checking the fact that two of the above scrap work is fixed and to prevent abortion accidents in advance. The 10 iron plates are duty of care.

Nevertheless, the Defendant neglected this and ordered the Defendant to remove a steel plate from the line of work located across the street so that the steel plate was installed as a vertical length, and the Defendant did not know the removal of one of the two fixed lines connected to the above cranes, without knowing the fact that one was removed, and caused the steel plate to be cut off in the direction of removal of the said scrap, and caused the victim to fall off, etc.

As a result, the Defendant caused the victim by the above occupational negligence to suffer from the pressure of opening to the right side, which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes stating an injury diagnosis certificate, etc.;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act focuses on the degree of injury the victim sustained due to the sentencing of Article 334(1) of the Criminal Procedure Act, the victim wants to punish the defendant, on the other hand, the victim.

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