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(영문) 광주지방법원 2020.11.26 2020고정1002
업무상과실치상
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a person in charge of facility repair, landscaping management and maintenance of the above apartment as the head of the management office of the relevant apartment, and the defendant B is a person in charge of facility maintenance, landscaping management and maintenance of the above apartment as the head of the management office of the relevant apartment.

At around 16:45 on July 20, 2020, Defendants were performing the first work on the knives, etc. coming from the front of the above apartment divers by using a towing device in the vicinity of the said apartment divers.

In such a case, the Defendants had a duty of care to confirm whether there is no resident, such as a child, in the vicinity of the playground, to inform the occupants of the date, time, place, etc. of the work in advance so that they do not have access to the surrounding area of the work, and to take measures to prevent accidents, such as installing a screen or fence in the vicinity of the work.

Nevertheless, the Defendants neglected to take any preventive measures, and continued to do so in the vicinity of the above playground with the front engine, and caused the surface to be protruding away from the right eye of the victim E (seven years of age) in the vicinity of the course of towing.

As a result, the Defendants jointly suffered from the victim’s room for hospitalized treatment for at least one week due to the above occupational negligence.

Summary of Evidence

1. Each police's protocol of interrogation of the Defendants in relation to Defendant B's testimony

1. The application of Acts and subordinate statutes concerning the police record of E, one CD of CCTV images in the D-dong, each CCTV photograph, field search photograph, etc. to E, such as a written diagnosis of the police statement of E, a doctor's opinion, and a photo of each CCTV image, etc.;

1. Relevant Articles 268 and 30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Determination of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so ordered as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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