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(영문) 대구지방법원 2014.07.09 2013고정2443

업무상과실치상

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was working as the team leader at a place where health assistance foods, etc. are sold under the trade name of the “(State)D Daegu Branch” in Daegu-gu.

At around 16:00 on May 12, 2012, the Defendant was making a heating by closely sticking the hot heat on the left side of the part of the part of the victim E (the age of 28) in the experience room of the said “(State) D Daegu Branch.”

The defendant had a duty of care to supervise the affairs of other employees by the team leader and to take necessary measures to prevent video accidents, such as setting a suitable temperature and time on the hot heat temperature and time, checking the response, and taking appropriate measures.

Nevertheless, the Defendant continued to open to the string, i.e., “I am fine, complete,” even though the Defendant made the victim’s words “I am dead.”

Ultimately, the Defendant suffered the victim’s images of 2-3 degrees of 2-3 degrees of the body and the body and the body and the body with the exception of the body and the body of the victim’s infinites from the treatment period.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Statement of witness F in the third protocol of the trial;

1. Statements of witnesses E and G in the fourth trial records;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Part concerning G statement of the second police suspect examination protocol against the defendant

1. Each police statement concerning E, F, G, and H;

1. A written opinion, each medical certificate, each general medical certificate, two copies of the victim's image body photograph, and an investigation report (in case of a complainant's photo, the victim's body photograph);

1. The application of this Court's inquiry and reply to the I Hospital in the application of the law;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is due to the medical treatment of the heater administered by the defendant to the victim;