A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. The Defendant by occupational negligence is a person who operates a swimming pool on the side of the “C” located in B at the time of discussion.

At around 12:20 on August 10, 2014, the Defendant received the above swimming pool from customers and had them receive a swimming.

However, there is a risk of benefiting life by allowing infants to take a swimming in a swimming pool, such as leaving water or coming from the heart, so the defendant has a duty of care to prevent the benefiting accidents of the swimming pool customers by checking the inside of the swimming pool and posting safety personnel.

Nevertheless, the Defendant did not discover by negligence that the victim D (the five years of age), who neglected to do so, was deprived of consciousness while staying head in the water while in the water, and eventually caused the victim's death to a multiple prolonged period of time due to the closure of the water at around 13:50 on the same day.

2. A person who intends to operate an amusement facility business in violation of the Tourism Promotion Act shall obtain permission from the competent authorities;

Nevertheless, from July 1, 2014 to August 10, 2014, the Defendant, without the permission of the competent authority, has operated the general amusement facility business which, without the permission of the competent authority, has installed a drum (5.6m in length) in the above swimming pool, which is an machine for use by tourists.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Each statement made by the police officer against F, G, H, I, and J;

1. Application of Acts and subordinate statutes to descriptions in a death certificate, on-site photograph, etc., investigation report (in pages 113 of investigation records), or images;

1. Relevant Article 268 of the Criminal Act and Article 268 of the Criminal Act (Death by Occupational Negligence, Selection of Imprisonment without prison labor) concerning the facts constituting an offense, and Articles 82 subparagraph 2 and 5 (2) of the Tourism Promotion Act (the occupation of operating an amusement facility business without permission and the selection

1. The reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act among concurrent offenders is seriously against the victim’s death, the victim’s family member’s severe punishment, the victim’s family member’s heavier punishment, the victim’s two or more suspended sentence of execution, and the victim’s no effort to recover from damage (contributed circumstances)