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(영문) 제주지방법원 2015.10.06 2015고단35

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In Jeju, the defendant is a person who is responsible for the overall safety management of buildings and building equipment of the above gender party while working as the secretary of the D Sexual Party in C.

The water level and distribution equipment (Dry Area, hereinafter referred to as “Exchange equipment”) established on the second floor on the road parking lot at the above Sung-party 2 level have reached 3.1 meters in depth, and the above gender parties are freely traveling to many and unspecified persons, including children. In such a case, the Defendant, who is responsible for the safety management of sexual parties, has a duty of care to set up a steel cover covering the above exchange equipment, to warn the falling risk, and to prevent the occurrence of accidents by installing access blocking fences and periodically conducting safety inspections, etc.

Nevertheless, from around 18:20 on August 2, 2014 to around 18:30 on the same day, the Defendant neglected to perform the above duty of care and did not install a re-muffing device, and did not install a warning or safety gate, etc. to restrict access, and the victim E (V, 7 years old) caused by occupational negligence, which did not conduct safety inspection on the said ventilation, along with the children’s single male name as well as the victim E (V, 7 years old).

Of the repeated behaviors, the steel cover was separated from the bed structure and fell under the bottom, thereby falling into the floor of the above 3.1 meter in depth.

As a result, the above victim suffered injury, such as divesation of bones, etc. requiring medical treatment for about 12 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Emergency medical services log;

1. A medical certificate;

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

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 268 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: