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(영문) 울산지방법원 2016.02.05 2015고단2820
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a subordinate company of the Dispute Resolution Co., Ltd., and the victim E (50) is a member of the F, a subordinate company of the Dispute Resolution Co., Ltd.

On June 20, 2015, the Defendant operated operating equipment to move the entrance while the Defendant was carrying the victim’s Dog and the mouth (1.8m in length, 760m in diameter, 5.4m in weight) in the C1 factory stamping plant in Ulsan-gun G, Ulsan-gun, Ulsan-gun, in order to move the entrance.

In such cases, the defendant, who has been in charge of the stamp evasion work, has a duty of care to know about and accurately manipulate the operating method and prevent accidents due to the movement of the lecture house in advance.

Nevertheless, the defendant operated the operation of the operator with the operation method, which led to the compromise between the lectures and the lectures, and continued operation of the operator, thereby leading the victim's chest.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, due to the high scarcity damage at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the police against I, J, K, L, or M;

1. On-site photographs;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to a report on the result of education, a list of participants in education, a health education log, and a written opinion on accident investigation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is against the defendant when committing the crime, the fact that the defendant has no record of the same crime, and that the victim's bereaved family members agreed with the victim is an element of sentencing favorable

The defendant's negligence caused the death of the victim and the result of the death, and the defendant caused the accident under the direction of the head of the work team of the original business entity to assist the victim in his duties.

The assertion is one, the operating machine.

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