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(영문) 제주지방법원 2017.10.18 2017고정509
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the repair business of business trip, such as the repair of electricity, replacement of boiler, etc. in Jeju Island.

On March 4, 2017, the Defendant, at around 15:00, was performing boiler replacement work on the 3rd floor of Dpenta in Jeju Island, and at that time, the victim E, who delivered the boiler on the 1st floor, was engaged in the work so that the Defendant had a duty of care to prevent the accident from falling off on the floor because non-products, etc. do not fall during boiler replacement work.

Nevertheless, the Defendant neglected this and neglected to replace boilers on the third floor of the boiler, and caused cement sculptures, which were emitted from boiler stoves, to fall into the bottom of the victim’s head.

As a result, the defendant suffered injury, such as sugars, in which there are two main bodies open to provide approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police counseling centers for E;

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

1. The provision of Article 268 of the Criminal Act and the selection of fines concerning facts constituting an offense (the provision that safety accidents in the industrial field are less vulnerable to the nature of the offense);

(2) The sentence of a fine, such as the order, shall be imposed in consideration of the fact that there is no agreement with the victim.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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