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(영문) 광주지방법원 2016.05.26 2016고정414
업무상과실치상
Text

The defendant shall be punished by a fine of KRW 1,000,000 (per million), but if the above fine is not paid, KRW 100,000 (per million) shall be one day.

Reasons

Punishment of the crime

The Defendant, who operates a C meat restaurant in Nam-gu Seoul Metropolitan City, had a duty of care to protect customers from causing harm to their lives and bodies by taking measures to enable customers who find the above restaurant to safely use the restaurant facilities.

Nevertheless, even if the Defendant installed an industrial racker (a height of approximately 140 cm) on the wall that was adjacent to the tables, the Defendant was negligent in the course of business not installing a street door so that customers can not contact it, or not indicating a warning phrase. On August 29, 2015, around 19:40 on the place of the customer victim D (V, 46 years old) who completed meals at the above restaurant, caused the above racker to face the hands of the racker.

As a result, the Defendant suffered injury to the victim by negligence of the above business as above, such as the injury of the victim, in the middle of five parts of the right, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Each protocol of statement made to the police about D and E;

1. Application of the Acts and subordinate statutes to file a complaint, diagnostic certificate, on-site photographs investigation report;

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention of a workhouse is as follows: (a) the defendant recognized the crime of this case, and his depth is divided.

The defendant did not have any record of punishment, and deposited the amount of medical expenses for the victim.

In addition, it is decided as per Disposition by comprehensively taking into account all the circumstances regarding sentencing.

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