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(영문) 창원지방법원 밀양지원 2017.12.07 2017고단236
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the director general of the general management headquarters who manages and operates a slaughter business in Gyeonggi-do.

The small mooring place is a place where cattle is unloaded to slaughter, and there is a risk of accidents, such as being missing the mooring place or leading people in the vicinity, etc., in the event of loading and unloading of cattle, the defendant, who exercises overall control over the facility management, safety accidents and work instructions of the slaughterhouse, has a duty of care to prevent accidents that may occur in the course of loading and unloading by regularly placing employees to manage and supervise the loading and unloading work at the slaughterhouse.

Nevertheless, the Defendant, at around September 13, 2016, caused the death of Samsung Changwon Hospital located in Samsung Changwon Hospital on September 8, 2016, with the intention of having employees who manage and supervise loading and unloading work at all times, carrying a lawsuit to be slaughtered by the victim F (65 years of age) in the vehicle and loading and unloading the lawsuit directly on the vehicle and loading and unloading the lawsuit in the small mooring place at around September 13:32, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A death certificate;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes to each investigation report (No. 17, 19 No. 5)

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, based on the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the crime, shall be determined as ordered.

The circumstances disadvantageous to the victim: The person and the lawsuit shall be moved to the mooring place in favor of the victim's serious result due to the defendant's breach of duty of care.

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