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(영문) 서울중앙지방법원 2018.07.13 2018고정597
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a C golf course in the third underground floor of building B in Jung-gu Seoul Metropolitan Government.

On July 2, 2017, the Defendant, at around 16:00, ordered the victim D (n, 43 years of age) to put the golf screen with the victim E, who is the first executive of the victim.

In such cases, the operator of a screen golf course has a duty of care to ensure that users do not differ by installing a distance between the screen and the wall at a distance of not less than 500 meters from the screen so that the screen of the screen is set of two materials and can sufficiently absorb the shock of the golf hole.

Nevertheless, the Defendant neglected to install the screen at a distance of 200 meters from the wall and installed the screen, and neglected the screen with teared at the bottom, so that they are facing the lower part of the screen, and are facing the right edge of the victim near the 2nd door of the screen, thereby causing injury to the victim due to the number of days of treatment that causes brain death.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Each complaint;

1. A medical certificate;

1. Testing screen CDs, on-site photographs, comparative video CDs;

1. Investigation report (standard of screen golf course and final investigation);

1. Application of Acts and subordinate statutes to a report on investigation (pacted F Telephone);

1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Judgment on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act (the grounds for conviction) of the Criminal Procedure Act

1. It cannot be said that the gap between the main screen of the claim and the wall does not exceed 500m or that the screen used a general ceiling, which is not soundproofing ceiling, is not dangerous;

In addition, the injured person did not have any injury.

2...

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