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1. The defendant A shall be punished by imprisonment for six months;
Defendant
For A, the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A is a field manager for the safety and health management of the said place of business as a site manager for a corporation B, a steel frame part of the new construction of the “D” factory in Gangseo-gu Busan Metropolitan City from November 16, 2015 to December 20, 2015, which was subcontracted to and constructed by Company E, from November 16, 2015.
On November 23, 2015, around 08:30 on November 23, 2015, the victim F (54 tax) was employed by the employees of the said Co., Ltd. F (54) of the said Co., Ltd. (hereinafter referred to as the “F”) on the ground of the said construction site, and came to work in a state where the said width frame was concluded on the upper part of the steel frame with the vertical direction for the purpose of coordinating the location of the steel frame in the above width direction by temporarily demolishing it at the horizontal direction.
In such a case, the business owner has a duty of care to take measures necessary to prevent the danger of fall, such as installing equipment that can safely string the inside, in the case of wearing a safety string at a place at a height of at least 2 meters, which is likely to fall, before entering into a V in order to fully support the steel frame or before becoming a solid structure equivalent thereto.
Nevertheless, the Defendant did not walk on the steel frame in the above direction without sufficient support, and did not install the equipment capable of the victim to walk a safety belt, and when the steel frame in the above direction fall, the victim who felled together with the victim, and caused damage to the shock, was at the East Asia University Hospital in Busan, Seo-gu, Busan, Busan, around 09:50 on the same day, caused the victim's death due to the diversity of head, chest, and ship.
Accordingly, the defendant is negligent in the course of duty in which he did not take safety measures to prevent the fall risk of the victim.