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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

around 14:00 on February 26, 2020, the Defendant removed the building located in the above place by using the digging season at the request of C from the Incheon Vindication-gun, Incheon.

In such cases, the article of the scambling has a duty of care to control the site and prevent accidents by conducting work, such as checking whether there is a person around the site, because there is a risk of scambling and falling-off accidents when removing a building.

Nevertheless, the defendant neglected this and did not confirm whether there is a person around the building, and removed the building, and the upper door of the victim D (ma, 76 years old) who was standing in front of the entrance of the building was affixed to the roof of the building.

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence by causing the victim to suffer injury, such as the influence of the details of the unregistered arms in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the category 2] the injury by occupational negligence or gross negligence (the person who has been specially punished] caused by occupational negligence or gross negligence: the mitigated element of punishment (including serious efforts to recover damage): Where serious injury has occurred (the scope of the recommended area and the scope of the recommended punishment] basic area and the credit cooperative from April to October.

3. Determination of sentence: Due to the instant crime, the victim was unable to follow the body cut by the victim.

However, the fact that the defendant paid 20 million won to the victim and agreed that the victim does not want the punishment of the defendant, and that the defendant has no criminal records in favor of the defendant, and other factors are considered.