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(영문) 춘천지방법원 속초지원 2015.10.07 2015고정63

업무상과실치상

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the "C" in Sinsi City B, and the victim D (the age of 55) is the person who was accommodated in the guest room 5012A as a guest.

Around November 12, 2014, the Defendant had a duty of care to conduct remodeling works for the entire guest rooms of the 6th floor, and in such a case, building materials attached to the 5th floor ceiling room, which are below the lower floor, are likely to be diminished by the shock of construction works or vibration, and thus, the Defendant, who exercises overall control over the safety of the above container, has a duty of care to conduct safety inspections in advance and make the customer sleep or to perform construction works.

Nevertheless, the Defendant, while carrying out construction as it is without safety inspection, was negligent in having a customer sleep in the five-story room, and around 12:00 on November 12, 2014, at around 50:2 meters of the length of the 5012A, located on the five-story level, felled from each of the above 5012A, and shocked the right hand hand hand of the victim at that place.

As a result, the Defendant suffered from the victim’s loss to the right hand in need of two weeks’ treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Medical records;

1. Application of statutes on site photographs;

1. Article 268 of the Criminal Act and Article 268 of the same Act concerning the crime, selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;