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(영문) 대구지방법원 안동지원 2015.04.07 2015고단30
과실치사
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 26, 2014, around 14:15, the Defendant: (a) performed the work of cutting the trees of the Defendant, and taking the work of cutting off the trees of the Defendant, and taking the work of cutting the trees of the size that is suitable for transporting the trees of the victim.

Since there is a concern that other workers are different in the course of performing a tree work, there is a duty of care to keep the distance of twice the height of the tree from other workers, and to keep the place of evacuation in advance to avoid the trees used, and to prepare the place of evacuation in order to avoid the trees in advance.

Nevertheless, the defendant neglected this and did not look at the distance with the victim, and did not prepare a shelter place in advance, and laid off about 20 meters in height, and covered the victim's head by covering the victim's head.

Ultimately, the Defendant caused the victim to die at a hospital located in Ansan-si C around 15:33 on the same day due to the damage to both severe pains and scarcitys by the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to report on the results of field identification;

1. Relevant Article 267 of the Criminal Act concerning the facts constituting an offense and Article 267 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act Article 334(1) provides that the victim’s death was caused by the negligence of the defendant, etc. disadvantageous to the defendant.

However, the Defendant agreed with the bereaved family members of the victim, and there was no record of criminal punishment before the instant case, and the Defendant was a person who was in a close relationship with the victim and was suffering from considerable mental pain due to the death of the victim.

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