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(영문) 수원지방법원평택지원 2020.12.01 2020고단1928
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person in charge of interior construction in Pyeongtaek-si B, and the victim D (ma, 66 years old) is a daily worker employed by the Defendant.

At around 14:30 on March 27, 2020, the Defendant had a victim work on the ceiling and wall surface at the above construction site.

At the time, the victim was engaged in painting work at a height of 3.4 meters. As such, the Defendant, who is the construction manager, had a duty of care to install a simplified safety dog, and to prevent the crashing danger by having the employees wear safety equipment, such as safety cap, safety belt, and safety height.

Nevertheless, the Defendant neglected this and caused the victim to work in a paint without wearing safety equipment on a non-scambling, and caused the victim to suffer bodily injury, such as scambling, which requires approximately 12 weeks of treatment, by falling into the floor and falling into the floor, by the victim who was on duty at the scambling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police reports on internal investigation (in the event of any injury caused by occupational negligence) to E and F, investigation reports (in the case of attaching a medical certificate) and investigation reports (in the case of attaching it to the medical certificate);

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 [decision of types] the crime resulting in death or injury by negligence / [Type 2] there is no occupational or gross negligence (special person resulting in death or injury by negligence or gross negligence] (the scope of the recommended area and the range of the recommended punishment], and April to October of a credit cooperative.

3. Determination of sentence: A comprehensive consideration shall be given to the sentencing factors as follows: the imprisonment without prison labor for eight months, the suspension of execution for two years, and other various sentencing factors, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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