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(영문) 수원지방법원 2013.04.17 2012고단5652
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employee of the “D” restaurant as referred to in C and 101, and is engaged in the work of taking orders from customers, such as eating food.

At around 22:20 on September 15, 2012, the Defendant ordered the Victim E (10 years of age) who is a customer and his/her family members to provide him/her with posts containing the bones dynasium.

In such cases, the Defendant had a duty of care to take measures in advance by expressing that “serious food is dangerous” to the victim or to provide safe food using a space where no person exists.

Nevertheless, the defendant neglected to leave the bucker on the left shoulder of the victim and laid the bucker on his hand, so that the bucker made the victim's chest, ship, bucks, sucks, etc.

The Defendant suffered from the Defendant’s negligence on the part of the victim about four weeks of medical treatment, the body part, and the lux lux, etc., which require the victim to receive a lux picture of 2 luxin.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a complaint, medical certificate, photograph, investigation report (Attachment to CDs);

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing following the suspended sentence) is deemed to have suffered injury to the victim due to occupational negligence while the defendant was working as a restaurant employee, and the degree of injury to the victim is not somewhat minor, it is necessary to strictly punish the defendant.

However, the defendant is the first offender, the confession of his crime is seriously against himself, and the defendant's family members do not want punishment against the defendant by endeavoring to pay damages.

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