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(영문) 부산지방법원 2021.02.08 2020고단514
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, from July 15, 2019 to October 15, 2019, set up and operated a “punch game machine” under the title “punching game machine” that gains points according to the century when he/she drinks punching in front of the Busan Young-gu B commercial building.

A person engaged in the business of establishing and operating such punch game machine has a duty of care to ensure that users do not suffer from injury due to collision with things around the game machine in the course of the game and to ensure a sufficient safety distance with the surrounding articles so that users do not suffer from injury.

Nevertheless, on August 23, 2019, when the defendant neglected the above duty of care and installed a game machine near the wall, and used the punch game machine at around 19:55 on August 23, 2019, the defendant stated the facts charged for about six weeks at the right side of the machine as "eight weeks". However, according to the statement of the internal death report (a medical certificate, etc. attached), this is deemed to be a clerical error in the "six weeks", and thus, the defendant suffered an injury that is the alley of heavy trees 2, which requires treatment.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Entry of a report on internal investigation (in relation to attachment of an on-site inspection and on-site photographing photographs) in the statement of each police statement in C with respect to each police statement, entry of the report (in relation to attachment of an on-site inspection and on-site photographing photographs) and the application of the Acts and subordinate statutes related to CDs attached thereto;

1. Article 268 of the Criminal Act applicable to the crimes 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. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Specific Crime

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