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(영문) 부산지방법원 2015.01.22 2014고단8817
업무상과실치상
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employee in charge of delivery and shipment of the business team belonging to the business team belonging to Busan-gu, who is engaged in the operation of the company's prior to the operation of the company's prior to the operation of the company.

On January 20, 2014, around 15:00, the Defendant was working on the cargo vehicle operated by the victim E (63 years of age) in order to supply the food washing equipment produced at the factory parking lot of the above company to customers.

In the case of loading on the lane, there was a risk that people in the vicinity of the loading work can move away from the floor, so there was a duty of care to live in the surrounding area of the loading work and work safely.

Nevertheless, the Defendant neglected this and caused the victim to be in excess of the floor by shocking the food washing machine, which was loaded in the vehicle due to negligence, to fall off to the cargo vehicle floor, and by shocking the victim who sent the water on the cargo vehicle above.

The Defendant caused the victim to suffer injury by occupational negligence, such as sexual intercourse, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Relevant Article 268 of the Criminal Act for the crime (elective of fines: Consideration of the background leading to the crime of this case, the agreement with the victim, and the fact that there is no other force, in addition to the punishment of a fine imposed on one occasion due to the violation of the Road Traffic Act);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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