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(영문) 대구지방법원 2016.06.01 2015노1438
업무상과실치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of imprisonment without prison labor for six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor applied for changes in the indictment with the following "criminal facts" and this court permitted changes in the indictment. Thus, the judgment of the court below cannot be maintained further in this respect.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Punishment of the crime

The defendant is the head of the public service team in charge of the facilities of the D Co., Ltd. in racing-si.

On October 16, 2013, the above company requested large-scale remodeling work to E, a supply-free unit, and E had the F Representative Victim G perform the above work.

Modern-free remodeling is a work to remove the caps existing in the supply unit, which is a device that supplies steel plug (a steel pluged by combining steel and steel plugs) and to change them so that they can work at the cost of supply even if there is no caps.

On the other hand, Bobin (through the reduction of Bobin and fruit) placed on the supply platform work by the injured party was connected with the right-driven machine (a machine from the completion of the re-inception process) with the power-driven machine. The power-driven machine can be operated, suspended, and re-concept back through the power-driven location installed in the above supply platform. The above location of the power-driven machine is subject to separate supply of electricity through the power-driven panel, so it is possible to operate the power-driven machine even if blocking the supply of the power by the power-driven machine, and it is necessary to prevent the power supply of the power-driven machine separately.

In such a case, equipment.

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