beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the Prosecutor’s summary of the grounds for appeal, the court below found the Defendant not guilty of the facts charged in this case, even though he neglected to take necessary measures to prevent the fall accident even though he/she had a duty of care to prevent the fall accident, in the event that the Defendant carries out construction as the representative director of E (ju) and caused the injury to the victim.
2. Determination
A. The summary of the facts charged in the instant case is the representative director of E (E (hereinafter “E”) in charge of gas pipeline construction works in one section of the Net City C (D Day) around which the Defendant ordered from the beginning of December 2017 to the end of the same month from the beginning of December 29, 2017.
When the business owner engages in the work of cutting the road and cutting off the Gu, he/she has a duty of care to take necessary measures to prevent accidents, such as allocating signal numbers, installing pents, etc., in order to prevent the fall of workers or the citizens crossing the road.
Nevertheless, at around 12:20 on December 20, 2017, the Defendant: (a) excavated two-lane roads in front of G Hospital located in Macheon City F; (b) excavated 12 meters of road; and (c) excavated 2.4 meters in depth; and (d) performed the construction of urban gas pipes underground (hereinafter “instant construction site”); and (b) placed three signal numbers for the purpose of the fall prevention; (c) had the victim H (56) who was working in the site of the accident in the state where there was no signal number of signals leading pedestrians due to negligence to the accident site, and had the victim H (56 years of age) fall under the site of the road where approximately 60% space between the pents and the site and approximately 2.4 meters high; and (d) caused the victim to fall under the bottom of the road where approximately 2.4 meters high in depth to treat the signal number.