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(영문) 서울서부지방법원 2021.02.17 2020고정1036
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employee of the cafeteria, “C,” located in Seodaemun-gu Seoul.

The Defendant had a duty of care to safely transport food, such as preventing the investment of heavy food into customers by taking well into account the surrounding areas during the transportation of food, etc., inasmuch as he/she received education from D, the owner of a food restaurant, to ensure that food does not cause an accident, as he/she had a heavy quantity of food, and thus, he/she had a duty of care to safely transport food, by taking into account the surrounding areas of food transportation.

Nevertheless, the Defendant, at around 10:40 on October 2, 2017, did not look at the surrounding areas in the course of transporting State water containing heavy national water in the above restaurant, and returned back as it is, by negligence, she was faced with the victim E (the 7 years old and 7 years old) who had been faced with the victim E (the 5-year old and the 5-year old), thereby making the victim feel in the victim with heavy national water, thereby resulting in the victim’s duplicating the body gate, head, and 2-year-old image and 2-year-old image of the arms that require two-day medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to report on the investigation of the police statement report (Submission, such as a medical certificate, copy of medical record, photograph, etc. by the complainant) to some of the witness F in the defendant's legal statement E;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Determination as to the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse

1. The defendant had been faced with the victim at the time of the defendant's assertion, but there was no occupational negligence.

2. The following circumstances acknowledged as a result of the examination of evidence: (i) the Defendant has been engaged in the business of providing customers with 90°C hot water containing 90°C heavy national water; (ii) carrying out the above business by the method of moving from the kitchen table to the national water, and (iii) being kept on the side of the kitchen table, and the ordinary customers directly come to contact; and (iv) accordingly, the Defendant has been engaged in the business of providing them.

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