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(영문) 수원지방법원 성남지원 2015.07.01 2015고단788
업무상과실치사등
Text

Defendant

C Imprisonment for 10 months, A and E imprisonment for each of 6 months, Defendant D Co., Ltd. shall be punished by a fine of 10,00,000 won, and Defendant.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement on L, M, N,O, P, and Q;

1. Application of Acts and subordinate statutes to each death certificate;

1. Article applicable to criminal facts;

A. Article 268 of the Criminal Act of Defendant A (the occupation and death by occupational negligence, the choice of imprisonment without prison labor), Articles 71, 66-2 and 24(1)1 of the Occupational Safety and Health Act (the occupation of workers who failed to take health measures) and Article 30 of the Criminal Act

B. Articles 71, 66-2, and 24(1)1 of the Occupational Safety and Health Act of DefendantB

C. Article 268 of the Criminal Code for Defendant C, Article 71, Article 67 subparag. 1, Article 23(1), (2), and (3) of the Occupational Safety and Health Act (the failure to take safety measures), Article 71 subparag. 2, and Article 29(3) of the Occupational Safety and Health Act (the failure to take measures to prevent contract industrial accidents), Article 30 of the Criminal Code

(d) Article 71, Article 67 subparag. 1, Article 23(1), (2), and (3) of the Occupational Safety and Health Act (the failure to take safety measures) for DefendantD Co., Ltd.; Article 71, Subparag. 2, 68, and Article 29(3) of the Occupational Safety and Health Act (the failure to take preventive measures against contracted industrial accidents)

E. Article 268 of the Criminal Code, Articles 71, 66-2, and 23(1)1 of the Occupational Safety and Health Act (the occupation of workers who failed to take safety measures), Article 30 of the Criminal Code

(f) Articles 71, 66-2, and 23(1)1 of the Occupational Safety and Health Act of DefendantF Co., Ltd.

1. Articles 40 and 50 of the Criminal Act, Articles 40 and 50 of the Criminal Act and the choice of punishment (defendant A, C, and E);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (defendant C and D);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article A, C, and E);

1. Article 334(1) of the Criminal Procedure Act, each of the orders for provisional payment (Defendant D, B, and F)

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