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(영문) 인천지방법원 2015.01.23 2014노3556
업무상과실치상
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment without prison labor for six months, and by imprisonment without prison labor for four months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s construction site is not in a position to take charge of the safety management of the instant case, and there was no negligence in performing the duty of care at the time. (ii) The lower court’s sentence of unreasonable sentencing (one year of imprisonment without labor for April and one year of suspended execution) is too unreasonable.

B. A prosecutor (misunderstanding of facts or misunderstanding of legal principles against Defendant A) was a safety manager at the construction site of this case, Defendant A neglected his duty of care to prevent accidents, such as taking additional safety net measures to prevent workers from falling down in the opening and opening of the construction site of this case, ordering workers not to remove the first top column of the safety column, ordering workers not to remove the first top column of the safety column. When using a bridge, he was able to exercise due diligence and conduct sufficient safety education to prevent safety accidents.

2. Judgment on the misconception of facts or misapprehension of legal principles by Defendant B and the prosecutor

A. Prior to the judgment on the grounds of appeal by Defendant B and the Prosecutor, the Prosecutor examined the facts charged in the instant case ex officio prior to the judgment on the grounds of appeal by the Defendant B and the Prosecutor.

As stated in the paragraph, the application for changes in the indictment was filed, and this court permitted the changes in the subject of the adjudication, so the judgment of the court below was no longer maintained.

B. The revised facts charged [identification and the background of the case] Defendant A bears the overall safety management duty at the work site as the head of the safety management team appointed by the F Construction Business Team, Inc., Ltd., E, a company specializing in the construction of the Nakdong River, which is located in the Gyeongdong-gun V in the Gyeongbuk-do, and Defendant B bears the duty of management and safety management of its employees as a company G site manager who entered into a contract for the supply and installation of the water-power generation plant with E.

The above contract for supply and installation was in the form of a sales contract for goods, but the fact is in E.

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