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(영문) 대전지방법원 홍성지원 2014.08.27 2014고정37

업무상과실치사등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. The Defendant was occupationally engaged in the occupational injury and death, etc. in 201, who actually operated the “Dpent” in Boh City C from the summering point of view in 201.

At around 21:10 on May 1, 2013, the Defendant provided guest rooms to the public, including the victim E (n, 2 years of age) in the above D pension. The Defendant, who is engaged in the lodging business, had a duty of care to prevent safety accidents in advance by restricting the use of the swimming pool of small children, and by giving prior warning to the risk of safety accidents, the Defendant, who is engaged in the lodging business, had a duty of care to ensure that they can safely use guest rooms and ancillary facilities. In order to install and operate an outdoor swimming pool with a high risk of safety accidents, the Defendant, who is engaged in the lodging business, had a duty of care, such as installing safety fences in the vicinity of the swimming pool, installing warning signs to inform the risks of accidents inside the swimming pool and the swimming pool, and installing safety fences to prevent accidents.

Nevertheless, the Defendant neglected to install safety facilities and did not restrict children’s use of a swimming pool or not notify the risk thereof, resulting in the death of the victim, who was administered to the above penta, lost the center and went away from the swimming pool on May 11, 2013, due to the following reasons:39 on May 23, 2013.

2. A person who intends to run a lodging business in violation of the Public Health Control Act: (a) filed a business report with the competent administrative agency; or (b) obtained a designation as a private gambling business operator for the Rearrangement of Agricultural and Fishing Villages Act from February 1, 2013 to February 28, 2014; (c) the Defendant, without filing a business report with the competent administrative agency at the place specified in paragraph (1), installed three guest rooms, one living room, one outdoor swimming pool, and a barball, etc.; and (d) operated a lodging business in which many unspecified customers receive 350,000 won per one night and provide guest rooms.

Summary of Evidence

【Court No. 1】

1. Defendant's legal statement;

1. The second police statement of F and G respectively 1.