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(영문) 춘천지방법원 강릉지원 2015.11.04 2015고단932
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Building Act in the Gangseo branch court of the Chuncheon District Court. From May 2012, 2012, the Defendant operated the “C” located in Gangnam-si B, and around March 2, 2015, received a contract for the construction of a new gate on the ground of the land of Gangnam-si from D around March 2, 2015, and operated the same year.

8. By the time of April, 14, a person who served as the head of the construction site and has overall responsibility for all the affairs of the construction site, including safety management.

The Defendant, as a field manager at the construction site, had a duty of care to install a vision on both the safety net for the prevention of fall and the stairs of external walls so that the figures can work safely.

Nevertheless, at around 10:10 on April 27, 2015, the Defendant installed a scaf rail in the second floor at a new construction site and caused injury to the victim, who is an electrical equipment operator, by negligence in the course of business, who did not install a scaf to the outside of the building, to the outside of the building, lost the center of weight while moving materials necessary for performing electric pipeline construction on the second floor on the second floor, and suffered injury, such as sub-scaf, etc., by approximately 21 weeks away from the ground below approximately 9 meters, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to each field photograph and each medical certificate;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. It shall be decided as ordered for the reason that the suspended execution is not less than Article 62 (1) of the Criminal Act (not less than one fine due to this previous violation, but not more than one previous violation, and the fact that the victim has agreed with it);

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