업무상과실치사등
All appeals filed by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by Defendant A (10 months of imprisonment) by the lower court is too unreasonable.
B. Defendant B (1) misunderstanding of facts or misunderstanding of legal principles is merely an operation of a vehicle where, after the completion of the swimming course, the Defendant, who is an operator of a swimming pool as stated in the judgment of the court below, arranged or mediated the conclusion of the contract on the swimming course between Co-Defendant A and his parents who wish to take lessons, delivered the swimming course fees paid by the original students and their parents to Co-Defendant A, and transferred the swimming course fees paid by them to Co-Defendant A, taking into account the convenience of the original students, he was in charge of driving the vehicle after returning the original students to their home after the completion of the swimming course. As such, the Defendant did not bear any duty to protect the life or body of the original students who take lessons in addition to the above vehicle operation.
However, the court below found the defendant guilty of the facts charged in this case on the premise that the defendant bears the same duties. The court below erred by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.
and, if so, does not.
Even if the defendant did not have the duty of care as stated in the judgment of the court below in light of the reasons and circumstances of the occurrence of the accident in this case as indicated in the judgment of the court below, the court below affirmed the defendant guilty of the above facts charged on the premise that the defendant had the duty of care as stated in the judgment of the court below (the accident in this case occurred due to the violation of the duty of care as co-defendant A and the negligence of supervision by the supervisory authority over the swimming pool as stated in the judgment of the court below). The court below
(2) The court below suspended the Defendant’s imprisonment without prison labor for 10 months, which was sentenced by the court below.