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(영문) 서울북부지방법원 2016.01.21 2015고정1844

업무상과실치상

Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

The Defendant is the representative of “C Saria” on the first basement of Dobong-gu Seoul Metropolitan Government.

The Defendant had a duty of care to immediately evacuate the customers and to prevent their shock accidents by taking safety measures, such as precise inspection, replacement of equipment, repair, etc., if hot water supply pumps and scoos related to hot water supply equipment, etc., are worn out, and then are replaced in a timely manner. In the event that leakage is discovered, the Defendant had a duty of care to prevent the customers from spreading, etc. by taking safety measures, such as checking, replacing, repairing equipment, etc.

Nevertheless, on March 1, 2015, the Defendant was reported to the effect that the current of the above business establishment was flowed to the heat of the above business establishment, but continued to operate his business without taking any measures. On March 4, 2015, the Defendant received a report from the above business establishment around 15:00 on the fact that the current was flowed to the above business establishment, but did not take measures such as confirmation of the leakage and precise inspection, while continuing to operate his business without evacuation of customers.

As a result, the Defendant, by negligence on March 4, 2015, suffered a shock show that the victim D, who entered the above heat at around 15:20 on March 4, 2015, was at the electric current connected to the hot water supply device of the said heat, was reduced to the electric current accumulated in the entrance connected to the said heat, and the Defendant sustained approximately seven-day treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs and written diagnosis (in the face of 56, 112 pages of investigation records);

1. Article 268 of the Criminal Act applicable to the facts constituting a crime and Article 268 of the Selection of Punishment Act.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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