(영문) 수원지방법원 2015.09.24 2014고정2062

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(영문) 수원지방법원 2015.09.24 2014고정2062

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a cafeteria in Suwon-si C, Suwon-si, and cooks food.

On December 12, 2013, the Defendant provided meals to the neighboring model staff in the restaurant. At around 12:25, the Defendant provided meals to the neighboring model staff.

Although the Defendant provided food to customers and had a duty of care to use a fresh food material and not mixed with foreign materials, the Defendant provided them to victims E (the 44 years old and south) without confirming whether there are foreign materials in the bean as they neglected to do so and provided them to the victims E (the 44 years old and south) as they were.

The Defendant suffered from an injury by negligence on the part of the victim in the course of performing his duties, which requires four weeks of medical treatment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses E in the third protocol of the trial;

1. Each letter of F and G preparation;

1. Application of Acts and subordinate statutes to the original written diagnosis;

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

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

1. As to the Defendant’s assertion of the provisional payment order Article 334(1) of the Criminal Procedure Act, the Defendant asserts that there was no foreign substance in the bean Blue shop, and that the victim’s injury diagnosis issued did not seem to be trustevable and to have received dental treatment, and thus, the victim did not have any injury.

The following circumstances, which can be acknowledged based on the evidence of the judgment and the fact-finding results of the H dental clinic of this court, namely, ① the victim tolds the victim to “I will go to a hospital at a hospital at the time and place indicated in the judgment,” and the Defendant also told the victim to go to the hospital. ② The date indicated in the judgment, ② the victim was the day, but the victim did not visit the dental clinic on the following day, and sent the weekend.

참조조문

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