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(영문) 서울동부지방법원 2014.11.14 2014고정1715
업무상과실치상
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the head of the living support center of Songpa-gu Seoul apartment building B from January 1, 2014, who is in charge of the operation, management, maintenance, repair, and replacement of multi-family housing and has been engaged in the overall management of the operation, safety management, etc. of the play equipment installed in the playground of the above apartment.

The play equipment, such as gymnasium and gymnasium, installed on the said playground, was unable to undergo safety inspections and regular inspections from the "President of the Korea Institute of Mechanical and Electric Testing and Research" and filed a civil petition with the apartment residents who live in the play equipment on several occasions, and children using the play equipment are using the said play equipment.

There was a risk that there was a risk.

In such cases, the Defendant, who is engaged in the foregoing duties, has used the play equipment by closing the play equipment or attaching safety phrases, etc. until the repair of the play equipment is completed.

There was a duty of care to prevent accidents that could occur due to negligence.

Nevertheless, on April 2, 2014, the Defendant violated the above duty of care and did not take any measures with respect to the play equipment of the playground, and caused the victim C (the 10-year-old age-old) who was playing in the play equipment on April 12:30, 2014, to suffer a hacks that were in a tank for the relevant four-day medical treatment as the hacks that were in a tank for the relevant four-day medical treatment were cut and fall on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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