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(영문) 수원지방법원 2019.09.06 2019고단2738

업무상과실치사등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a sports facility operator who is operated by leasing a swimming pool outside a Criart in the Gyeonggi-gu Group B.

1. The outdoor swimming pool of the above Criart Cheongp tank, operated by the defendant by occupational negligence, shall be prevented from occurring any accidents, such as water-related accidents, and the swimming pool shall be operated safely by having two water safety personnel who have obtained a license for water safety, place two water safety personnel at the surveillance tower in order to ensure that the above children wear life jackets at all times in order to prevent accidents, such as water-related accidents, etc., and the swimming pool shall be placed at least one nurse or nurse as prescribed by Acts and subordinate statutes, so that they can properly cope with emergency situations at any time and manage the swimming pool in a safe manner.

Nevertheless, on August 22, 2018, the Defendant neglected this and did not assign a nurse or an assistant nurse at all at the above swimming pool on August 15:45, 2018, and did not employ D as a water safety personnel who did not obtain a certificate of water safety as prescribed by the law and assigned it to a surveillance tower, and the victim E (five years old) who did not exceed 110cm in height went to a place where 130cm in the depth of the above swimming pool without wearing a life jackets, and the above victim E (five years old) went to a place where 130cm in the depth of the above swimming pool at all times.

Accordingly, the Defendant had the said victim, who was receiving treatment from G Hospital located in Guri-si F on August 27, 2018 due to the above occupational negligence, around 01:57, receive multiple growth donation due to the following water.