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(영문) 춘천지방법원 2020.05.13 2019고정228

업무상과실치상

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is operating a “C cafeteria” in Hongcheon-gun B.

At around 11:00 on June 18, 2019, the Defendant brought up the victim D (at around 49 years of age) who is a customer and the pots containing posts located in the place where the juries are ordered to do so.

In such cases, the Defendant has a duty of care to safely transport hot food so that customers can not see in advance, such as securing and moving a safe distance in preparation for the sudden movement, and attracting attention to the fact that hot food is placed on the tables in preparation for the cases where customers move on the spot.

Nevertheless, the Defendant neglected to move the posts to the lower part of the victim, which did not seem to have been moved from the victim's side while he moved to the buck above the bucks, caused a sudden fall of the victim's bucket, and made the victim's hot water contained in the bucks into the part of the victim's bucks, thereby causing approximately 4 weeks of medical treatment and rehabilitation treatment for the future 12 months to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report ( investigation, etc. into other parties E besides a case);

1. A written opinion, an injury diagnosis report, and a medical certificate;

1. Application of Acts and subordinate statutes to photographs of injuries;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has taken advantage of the fact that he/she intentionally violated his/her duty of care in relation to the operation of a restaurant, so that he/she may duplicating the very hot State into the victim for about four weeks and provide the victim with medical treatment for rehabilitation for about twelve months.