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(영문) 부산지방법원 동부지원 2013.06.12 2013고단775
업무상과실치상
Text

1. The defendant shall be punished by imprisonment without prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a swimming instructor of the indoor swimming pool in Busan Korea Sports Center.

Generally, Lone Star action, which is obtained from the starting point of about 50cc high, is highly likely to cause safety accidents due to high height. In particular, in the case of the above swimming pool, about 1.3m, the depth of the victim is merely about 178cm and the body part of the victim's head may face a part of the swimming floor if it is obtained by the act of the Lone Star without sufficient practice. Thus, in the case of education by the method of acquisition of the Lone Star action, it is necessary to warn the students of the risk of the Lone Star action so that safety accidents may not occur to the students, and to ensure that it is safe to obtain from the students by the act of the Lone Star (at the time of being sitting on the swimming, it is obtained in the status of knife) so that it is not possible to obtain from the students due to the act of the Lone Star by taking part in the work, and to obtain the risk of safety accidents by taking part in the work, not by taking part in the work.

Nevertheless, the Defendant, around July 31, 2012, at the above swimming pool No. 3, around 07:27, from July 10, 2012, even though the victim E (the age of 29) who was enrolled in the above sports center from around July 10, 2012 (the above sports center is comprised of the early salary class, the middle class, the high class class, the correction team, and the training team) did not receive education from the said sports center’s high class E (the age of 29) prior to the day, he/she shall obtain it on the grass floor without sufficient prior education.

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