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(영문) 부산지방법원동부지원 2020.12.16 2020고단585
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The defendant is a director of the dispute resolution committee, who has subcontracted the steel bars, concrete construction works, and non-generation works, etc. from the Busan-gun Co., Ltd. Co., Ltd., which is in Busan-gun Co., Ltd., and has been in charge of safety management as a director of the non-department work site.

On March 26, 2019, at around 08:25, the Defendant ordered ten persons, such as the victim F (years 63) to remove internal visions. At the time, the employees assigned each floor and removed the string pipe to remove the string pipe. Since the risk of fall in the process of unloading the string pipe into the bottom, the employees, including the victim, etc., have a duty of care to prevent accidents from falling, such as installation of a safety net, etc. to prevent the fall.

Nevertheless, the Defendant neglected his duty of care by neglecting the duty of care, such as not ordering the victim to walk safety and height, and not installing safety nets, etc. for the prevention of fall, and caused the victim to fall under the floor below about four meters in the course of getting off the floor with the rain pipe.

Ultimately, the Defendant suffered from an injury to the victim, such as an external blood transfusion, which requires at least 20 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police interrogation protocol H of the defendant's legal statement G and each police statement statement of the defendant I (a copy of the victim F-related medical record and reply statement of the doctor's question attached);

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the victim.

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