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(영문) 광주지방법원 순천지원 2015.03.26 2014고단1585
업무상과실치상
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive against Defendant A.

Reasons

Punishment of the crime

Defendant

B은 순천시 D에 있는 ‘E’의 대표자이고, 피고인 A은 위 게임랜드의 종업원으로서 각각 위 게임랜드에 설치된 놀이기구인 ‘락앤롤 타가다’(일명 : 디스코 팡팡)의 운행과 안전관리 업무에 종사하는 사람들이다.

around 17:40 on May 7, 2014, the Defendants had six customers, including the victim F, etc., on the gameland. Since the above gameland is a general amusement facility business site, Defendant B, the representative of the business, had a duty of care to place a safety manager who has obtained permission for viewing at all times and to guide and supervise the safety manager so that he/she can properly perform his/her duties, Defendant A had a duty of care to have the users using the above play equipment take safety knife in hand, and operated the above play equipment safely to prevent safety accidents.

Nevertheless, the Defendants neglected this and operated the said gameland without being placed by the safety manager. Defendant A, after setting the safety string of the victim's hand, complained of the pain with the safety string, he continued to operate the said play machine and sustained shock caused by the shock of the said play machine against the victim.

As a result, the Defendants jointly suffered from the victim’s occupational negligence, such as the diversity of the left-hand garrative officer in need of approximately 10 weeks’ treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s legal statement (a statement to the effect that an accident on the market occurred);

1. Each prosecutor's statement concerning G and H;

1. Each police statement made to F and I;

1. F's medical certificate, a copy of safety education paper, and the application of statutes;

1. Articles 268 and 30 of the Criminal Act applicable to the crimes: Selection of imprisonment without prison labor;

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