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(영문) 수원지방법원 안산지원 2019.07.10 2019고단1627
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the person in charge of safety management of C Co., Ltd. in Si interest-si B, D is the head of production division of the above company, and victim E(52) is the person in charge of assembly department of the above company.

At around 14:20 on January 23, 2019, the victim was placed on the upper part of the machinery in order to fix the automatic racing door of the press machine installed in the workplace of the above company as a V, and D was engaged in the said fixing work under the bottom. In such cases, the Defendants, as the Defendants, had the victim wear safety equipment, such as a safety cap, etc., to work in the state of safety height, to install a work plate, a fall prevention network, etc., and caused the victim to fall on the floor at a height of 5 meters by negligence, even though they were negligent in failing to wear safety equipment.

In this way, the Defendants shared with occupational negligence and caused the victims to suffer injuries, such as the focus on brain injury, which is in need of approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant provisions of the Criminal Act and Articles 268 and 30 of the Criminal Act concerning the choice of punishment;

1. Taking into account all the circumstances, such as the fact that the defendant's mistake is acknowledged for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the fact that there is no history of criminal punishment, the victim does not want punishment against the defendant, the degree of damage caused by the accident in this case is serious, and the degree of violation of the defendant's duty of care

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