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[Defendant A] The defendant shall be punished by imprisonment for four months.
However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Status of the Defendants] Defendant A, as a personal business owner operating the building demolition business, was awarded a contract for the removal of concrete walls of 102 Dong 29 stories, where the quality of concrete was found in the new construction site of the building located in Ulsan-gu G G from C. Defendant B, as a site warden of the company C, was in charge of the safety and health of its employees and contractor workers. Defendant C, as a corporate owner established for the purpose of construction business, was awarded a contract for the construction of new buildings, such as apartment and hotel, at the same place from a Grand Partnership.
[Criminal facts]
1. On April 15, 2018, the Defendant: (a) around 07:00 on April 15, 2018, had approximately 20 employees, including the victim H (41), work to remove concrete bricks from around 102 Dong 29, within the construction site of the said new construction site.
At the time, the removal workers were able to remove concrete walls by using the Hand blicker (string a small blick) with a project plate of wooden materials installed at a height of 86 meters from the ground, and there was a risk that the removal workers might fall because the concrete residual materials left from the wall are stored in the blick board, and the removal workers would fall.
In the event of the foregoing danger, the business owner shall determine the maximum load of the work board in accordance with the structure and materials of the non-meter and shall not put it out in excess of it, and the launching materials shall be solid so as to withstanding the load at the time of work. In the event of dismantling a building, the business owner has the duty to take safety measures, such as the duty to take safety measures to prepare and keep a work plan including the results, and to perform the work in accordance with the plan.
Nevertheless, the defendant is not for removal work, but concrete.