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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as an instructor belonging to the crowdfunding C, had a duty of care to take necessary measures to prevent safety accidents, such as providing safety education to Experience prior to flight and checking whether or not he/she wears safety labelings.
Nevertheless, on November 8, 2012, the Defendant neglected this and did not take necessary measures to prevent safety accidents, such as not checking the injured party E (n, 23 years of age) and the injured party E (n, 23 years of age) in the takeoff area in the circumstances of Dasan Hong-gun, Chungcheongnam-gun on November 16, 2012, on the ground that the Defendant failed to take measures to prevent the occurrence of accidents, such as not checking the injured party’s buckbucks, before taking off, and the victim did not wear the safety level of the bucks at the above location and place, without wearing the safety level of the bucks.
Ultimately, the Defendant caused the death of the victim due to the diversity damage caused by the fall at the time and place of the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F, G, H, I, J, and K;
1. A written result of autopsy;
1. On-site photographs;
1. Protocol of inspection;
1. Application of Acts and subordinate statutes to investigation reports (spaging, crowdfunding and attaching field photographs);
1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act (Consideration of the following grounds for sentencing, etc.);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in the following: (a) the Defendant, as a member of the crowdfunding, should have thoroughly checked whether or not basic safety measures, such as wearing a safety bell, etc., of the victims who were familiar with the preparation for the flight and the preparation thereof, have been taken off and flyed; (b) thereby causing occupational negligence to inflict severe punishment on the Defendant in light of the fact that the victims of the young age caused the death.