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(영문) 서울동부지방법원 2018.06.15 2018고단1196
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From April 17, 2012, the Defendant is a person who operates a D Magaz shop in Gangdong-gu Seoul Metropolitan Government and the second floor.

On November 11, 2017, the Defendant installed two parts of the shower and shower room in the above business establishment. In such a case, the Defendant has a duty of care to check the facilities thoroughly and to check whether there is any malfunction in smoke and smoke emitting devices so as not to bring the gas into the business establishment in the process of combustion, and to check the air condition inside the business establishment from time to time and, if necessary, to take ventilation measures.

Nevertheless, the Defendant neglected this and did not confirm that there was a defect in the smoke discharge period, which was used in the previous year by linking two smoke smokes with one another, and did not confirm the defect in the smoke discharge period. Accordingly, the Defendant neglected to prevent gas inflows through the smoke smoke. After that, the Defendant’s talked that the smoke gas would have been smelled in the show box by a foreigner E who was staying in the above establishment, and the Defendant’s Republic of Korea did not properly connect the show box installed in the show box room to the show box room. Although the Defendant was aware that the smoke gas could flow into the show box room because it was not properly connected to the show box room, the Defendant neglected to take preventive measures such as prohibiting the entry of the public, etc. on November 15, 2017, caused the victim’s death into the show box installed in the show box room by neglecting the above 36 years of smoke smoke.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. G. E.

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