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(영문) 대전지방법원 홍성지원 2014.10.15 2014고단237
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operated a dial in Boh City C.

At around 14:30 on July 27, 2013, the Defendant provided a guest room and swimming pool to the police, including the victim E (24 years of age) in the above Dpenta.

In such cases, the defendant, who is engaged in accommodation, explains directions for the use of the facility so that guests can use the facility safely, and since the swimming pool operated by the defendant is only 1.07m of depth, the head of the facility may face with the floor, so the head of the facility is highly likely to face. Therefore, there was a duty of care to prevent the occurrence of safety accidents in advance by installing safety signs, such as warning boards, etc. to inform the risk of the occurrence of underwater and safety accidents, or assigning safety personnel.

Nevertheless, the Defendant neglected this and did not install safety facilities, such as warning boards, or assign safety personnel, without notifying the depth of the swimming pool, and caused the above victim, who was accommodated in the above swimming pool, to suffer injury, such as mincation 5 pulvers, in which the number of treatment days cannot be known to the victim, due to low water depth in the process of iceing in the above swimming pool.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on site photographs of Duse guide books, pents, attachment of notice tools, installation of swimming pool signboards, and outdoor swimming pool photographs;

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

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

1. Summary of the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order

A. The facts constituting the crime indicated in the judgment by notifying the victim's family member who has promised to pentth to read the text of the Use Guidance containing the phrase "the prohibition of diversing".

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