beta
(영문) 창원지방법원 2019.05.23 2019노297

업무상과실치상

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)

A. The D Training Center for misunderstanding the facts (hereinafter “instant Training Center”) is responsible for the safety of students by N Middle Schools and NINs, without directly participating in the camping activities during E, only provide convenience for the use of facilities, places, accommodation, etc., and for the safety of students.

In addition, the Ebane established by the training center of this case did not have any defect in the installation and management due to the complete condition.

Considering this point, the judgment of the court below which convicted the defendant, even though the defendant did not have a duty of care due to the occurrence of the accident of this case, is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) The occupational negligence in the crime of injury by occupational negligence includes not only the case of neglecting the necessary care under the law, but also the case of neglecting the necessary care under the contract or other practice; and

(see, e.g., Supreme Court Decision 2015Do10243, Sept. 10, 2015). B.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it can be sufficiently recognized that the Defendant has occupational negligence in the instant accident.

Defendant

We do not accept the assertion of counsel.

(1) An incorporated association B is a corporation established for the purpose of youth training and education, and only operates the instant training center under its control, and the defendant was the chief director of the incorporated association B who represents the corporation and was in the position of overall control over the affairs of management, supervision, etc. of the instant training center.

(2) N middle schools shall begin on July 24, 2017 on their website.

7. By March 27, 200, a tender for training activities called “E” was published for a certain period of 3 gambling 4 days, and the instant case.