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(영문) 인천지방법원 부천지원 2021.03.16 2020고단5042
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 is a person who operates “C” on the 1st floor in Bupyeong-si.

The Defendant around 2015 set up a signboard with a width of 500cm and vertical length of 60cm between the first floor and the second floor other than the above building.

In the case of these signboards, it is located on the right side of the pedestrian, which can give a big victim to pedestrians if they fall away, so the person who manages them has a duty of care to prevent accidents by regularly checking the state of deterioration, etc.

Nevertheless, the Defendant did not check the risk of falling-off by separating part of the outer wall from the outer wall, even though there was a danger of falling-off, due to the recent influence of heavy rain, typhoon, etc., and caused the victim D ( South and the age of 86) who passed the above place on August 24, 2020, thereby falling off the above signboard, thereby causing the victim to suffer diculous heat and bid that require approximately three weeks of treatment.

Summary of Evidence

1. They shall be engaged in emergency and medical services, such as photographs and photographs of the police suspect interrogation record (such as the situation at the time of dispatch - photographs of the victim, crashed signboard pictures, and photoic materials (rappin photographs of the victim and on-site photographs) of the accused who has made a statement in the court;

1. Application of Acts and subordinate statutes to report internal investigation (the security and review of public CCTV, signboard and on-site verification, victim's perjury, emergency medical service activity log, hospital hospitalization, and attachment of diagnosis report) to report internal investigation (the situation, etc. at the time of dispatch);

1. Relevant statutory provisions regarding criminal facts, Article 268 of the Criminal Act regarding the choice of punishment (the fact that the crime of this case was caused by occupational negligence), the choice of fines (the crime of this case was committed by neglecting and managing signboards installed by the defendant, resulting in serious injury to the victim, and the circumstances of the crime, result, in particular, in light of the nature of the signboard, the weight and size of the signboard, and the state of bad installation, etc., the nature of the crime is inferior if it is considered that the excessive accident could have occurred

However, the defendant recognizes all his own negligence.

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