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(영문) 전주지방법원 2012.10.31 2012고정171
업무상과실치상
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 21, 201, the Defendant: (a) leased the instant room to the victim D (29 years of age) to the victim D (29 years of age; (b) leased the said room to take care of the victim’s work; (c) at the same time, the pent was located below 3 meters high; and (d) the Defendant, who is the operator of the instant pentle, was in contact with the passage between the instant pentle building and the said pentle, had a duty of care to prevent the safety accidents of the guests, such as prohibiting access to the said pentle by installing a safe and solid fence between the building and the valley, or attaching a warning sign.

Nevertheless, at around 206, the Defendant did not confirm whether the steel net has been installed firmly on the boundary of the above penting building and the valley, but did not check the condition for about five years after the installation, and neglected the installation and management of the steel network, and did not notify the victim of the prohibition of access to the above penting, falling risk, etc. to the above penting building. On the same day, around 23:00 of the same day, the Defendant caused injury to the victim, at around 23:0, by the negligence that the victim was able to take the body on the steel network installed between the above penting gate and the building while the penting gate and the building were able to cut down along with the said penting, thereby causing approximately 8 weeks medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Fixture photographs;

1. Application of the fact-finding and answer statutes to E hospitals of this Court;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

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

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

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