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(영문) 서울북부지방법원 2016.02.02 2015고단3581
업무상과실치사등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2015 Highest 3581] The Defendant is a person engaged in processing and selling a mutually advantageous product from the first floor of the commercial building located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.

On December 18, 2014, at around 13:50 to 13:56, the Defendant set up and kept 110cm wide, 170cm wide, 170cm high, and 8cm high (total weight equivalent to 400km) free from the thickness of 16 meters on the wall surface of the first floor (126cm wide) of the commercial building.

The current entrance corridor in which glass is kept is used as a passage to and from the first floor residents and underground floor residents, and the entrance door of the entrance is open and it is likely that many unspecified people enter and leave the entrance, and in particular, there is a possibility that the electricity inspection personnel might build favorable in the process of confirming the electric measuring instruments because the stored glass prevents the long part of the electric measuring instruments.

As such, since there is a risk of accidents involving people's lives because glass is covered with or covered by a stringr, the Defendant, who intends to install and keep the glass on a corridor, has a duty of care to prevent accidents in advance by installing a warning board demanding attention so as not to have access to or open to the glass, and loading the glass with the expectation so that it does not go beyond the upper part of the wall and the glass, and by maintaining the angle of the wall and the glass, the expectation of the glass should be kept at a certain level so that it does not go beyond the upper part of the glass.

Nevertheless, as the Defendant neglected to keep the space of D shop operated by the Defendant in narrow space, the Defendant could not keep the glass in a narrow space, the Defendant did not post a warning box without installing favorable support points in a manner that is anticipated to load the glass on the front corridor, which is the section for common use of the building, and the upper part of the glass is able to block the lower part of the electric measuring instruments, while the upper part of the glass is almost putting in favor of the wall.

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