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(영문) 대전지방법원 논산지원 2017.01.10 2016고단534
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2016, at around 15:00 on May 3, 2016, the Defendant: (a) had F and the said victims harvest leafs of bamboo trees by burning F and the victim G on board and manipulating ckes; and (b) had F and the said victims harvest leafs of bamboo trees.

In such a case, as a clers, no person shall be aboard the clers installed in the clers as above, and even if the work is inevitable, there is a risk of a human life accident due to a fall, so there was a duty of care to prevent an accident due to a fall, such as having passengers wear a safety cap and a safety belt in advance.

Nevertheless, the Defendant neglected to perform such duty of care as above, and caused the victim who was suffering from bamboo trees to fall off on the ground floor at a height of about 10 meters from the 10 meters due to the negligence that did not wear a safety cap, safety straws, safety straws, etc., at a height of 90 cm - which is 90 cm - which is 90 cm by the one-way - shape.

Accordingly, the Defendant caused the victim to die from damage to the chest body at a hospital granting a Healthy University around 17:04 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written appraisal of autopsy (the 85 through 92 pages of investigation records);

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence is that: (a) the result of the crime, such as the death of the victim due to the instant accident, is not somewhat weak; (b) the Defendant reflects the Defendant’s fault in depth; (c) the victim’s bereaved family members and the bereaved family members agree with the trucking mutual aid association; and (d) the occurrence of an accident seems not to be small due to the victim’s negligence;

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