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(영문) 서울중앙지방법원 2018.08.22 2018고정1248
업무상과실치상
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From January 2016, the Defendant worked as a branch office E (hereinafter referred to as “D”) of the restaurant called “D” on the first underground floor of Jongno-gu Seoul, Jongno-gu, and was in charge of all affairs, including the safety inspection of various facilities inside the instant restaurant.

Around 19:00 on December 9, 2016, when the Defendant had been engaged in the business of the instant restaurant, he/she conducted a safety inspection, such as whether various facilities are fixed not to fall in advance, and if there is anything wrong, the Defendant, who is engaged in the duty of safety inspection, etc. of the instant restaurant, had a duty of care to request the maintenance and repair team belonging to the head office to repair, even though he/she has a duty of care to request the maintenance and repair team of the head office, he/she failed to perform the safety inspection of the facilities and failed to discover that there is a risk of fall in the part of the crowdfunding installed on the upper part of the crowdfunding in one wall, which was installed on the part of the instant restaurant, and at the next time, the Defendant was faced with the part of the head of the victim F, which was a meal in the seat.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in the cirratty which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., the degree of damage inflicted by the victim, the fact that the damage was restored by the agreement between the defendant and the victim, the fact that the victim does not want the punishment of the defendant, and the fact that the defendant has no history of criminal punishment);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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