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(영문) 광주지방법원 순천지원 2012.11.02 2012고정681

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is an operator who manages universal bath C bath in the military.

At around 16:00 on January 29, 2012, the Defendant provided a bath to customers, including the victim D (V, 28 years of age) in the above C bath.

However, the Defendant, as a person operating a bath, has a duty of care to properly regulate the temperature of hot water so that customers who use a bath can not be exposed to images, and to indicate hot water and hot water on the water essential for customers to use, and to ensure customers can safely take a bath as indicated.

Nevertheless, the Defendant neglected this and used as one of the hot water and cooling pipes connected to the boiler, and even though he knew in advance that hot water from the hot water from the hot water from the hot water to the hot water from the hot water to the hot water from the hot water tank, the Defendant merely displayed the phrase “to the effect that hot water from the hot water from the hot water to the hot water from the hot water source,” and instead, due to the negligence of not repairing it, the Defendant flow the hot water from the hot water from the hot water to the damages of the victim.

Ultimately, the Defendant suffered approximately twenty-day images on the right hand in need of treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each medical certificate, or each medical record duplicate certificate;

1. Image photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Although there was no agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, considering all the factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, consequence, etc.