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(영문) 대구지방법원 2014.11.13 2014고단3143
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 had a duty of care to prevent the crash accident in advance by having a fire-fighting emergency exit in contact with the smoking room with the majority of customers, and immediately fall on the ground below 7m85m high in the height of 7m and 85m high. Therefore, the Defendant had a duty of care to prevent the crash accident by installing an emergency warning board, installing a crash risk sign, and frequently checking whether the emergency exit is properly closed.

Nevertheless, on April 12, 2014, at around 23:34, the Defendant neglected this and neglected to take any measures for the prevention of fall, and caused the emergency exit safety control to fall down on the first floor, as it is, on the wind, the first floor of the emergency exit, in order to divide the victim F (n, 20 years of age), who is the customer, into G and talks, a day-to-day way before the emergency exit, in order to divide the body of the emergency exit into G and talks.

The Defendant, by negligence in the course of business, inflicted injury on the victim, such as the closure of a pelto, in which the treatment period cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, I, G, J, and F;

1. All on-site photographs and photographs at the time of an accident;

1. Application of Acts and subordinate statutes to the general diagnosis;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the degree of damage suffered by a victim due to a negligence committed by the defendant who neglected the management of emergency exit, but the defendant is divided his/her mistake, and not only the victim has made criminal agreement, but also he/she has purchased the insurance limit of KRW 50 million per head, so that the victim may sufficiently compensate for the damage. In addition, the victim has neglected to pay due attention.

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