업무상과실치사
The defendant's appeal is dismissed.
As to the death of victim E by mistake of the summary of the grounds for appeal, there was no occupational negligence on the part of the defendant.
The punishment of the court below (six months of imprisonment without prison labor) is too unreasonable.
Judgment
The following circumstances can be acknowledged according to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts.
On May 28, 2016, the defendant, who is the leader of "D" and the above Taekwondo funeral, held a training meeting in the Hongcheon-gun U.S. on May 28, 2016, and the victim E (133) who was an official of "D" participated in the training meeting under the direction of C and the defendant.
At around 14:00 on the same day, the official members, including C and the Defendant, and the Victim, engaged in water play in U.S. F (hereinafter “the river of this case”) (Evidence No. 260, 263 pages), and C and the Victim caused an accident that is unsurted into water.
C was discovered after approximately 20 minutes of the accident, and died, but the victim was discovered in light of around 16:36 on the same day (hereinafter “instant accident”). At the time of the accident, around the location of the accident, a considerable area of sand saw was naturally formed and connected with U white president.
모래톱이 형성된 부분은 모래톱으로 인해 다른 부분에 비해 하천 폭이 매우 좁았고, 수심은 얕았지만 유속이 상당히 빨랐다( 이하 이 사건 하천 중 모래톱과 하천 반대편 강변 사이에 위치한 부분을 ‘ 이 사건 물놀이 지점’ 이라 한다). 피해자는 다른 관원들과 함께 이 사건 물놀이 지점에서 빠른 물살을 이용해 마치 미끄럼틀을 타듯이 놀았고( 일명 물살 타기)( 증거기록 312 쪽), C과 피고인은 피해자를 비롯한 관원들 로 하여금 구명조끼 등 안전장비를 갖추게 하지 않았다( 증거기록 268 쪽). 피해자는 다른 관원 2명과 함께 빠른 물살에 휩쓸려 수심이...