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(영문) 의정부지방법원 2020.05.08 2019고단5400
업무상과실치상
Text

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

However, 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 technician belonging to the "C Company" company, which is affiliated with the "C Company" company, who works at the construction site of Btel in the Gyeonggi-si, Gu-si.

At around 15:40 on April 11, 2019, the Defendant was engaged in the work of transporting materials used to install a passage of building outer walls to the construction site of officetels located in Gyeonggi-si, Gyeonggi-do.

In such a case, the defendant has a duty of care to avoid accidents by operating caters with due care so that materials connected to caters or caters do not go against the surrounding facilities, etc.

Nevertheless, the Defendant neglected this and neglected to transport props (쇠 support stand) which are materials necessary for the installation of a system vision in the above date, time, and place from 4 to 10 stories, and confirmed whether there is a material connected to the Crain and Crain within the scope of the Crain's movement, and there is a facility to cover with the material connected to the Crain and Crain. On the part of duty, the Defendant did not handle Crain by exercising due care to prevent the material connected to the Crain and Crain from facing the surrounding facilities, and caused the Crave level connected to the Crain to the Crain to fall into the connected part of the props ( approximately 10cm in diameter, about 3m in length) and reduced to the following about 15m in length:

As a result, the Defendant suffered injury to the victim by occupational negligence, such as cutting the body of a composite middle-sea in need of approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect against F or the accused by the prosecution;

1. Statement of the police statement related to E, G and H;

1. On-site photographing photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions concerning facts constituting an offense;

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