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(영문) 서울동부지방법원 2018.06.15 2017고정1235
업무상과실치상
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant operates a restaurant with the trade name "C" in Songpa-gu Seoul Metropolitan Government.

On April 11, 2017, at around 15:00, the Defendant installed a standing signboard ( approximately 50cm in width, approximately 80cm in length, about 30cm in thickness) of wooden material that guides the above restaurant parking lot on a factory in contact with the above C restaurant. In such a case, the Defendant had a duty of care to fix the standing signboard in preparation for the winding up to the wind, and prevent any accidents that may occur in advance to prevent pedestrians from causing damage.

Nevertheless, the Defendant neglected to set up the standing signboards without fixing the above standing signboards, and caused the victim's left-hand side of the victim D (V, 32 years old) where the upper and the upper corner part of the standing signboards passed by the same place as the wind, resulting in the loss of the victim's side requiring approximately two weeks of treatment.

Summary of Evidence

1. Legal statement of the witness D;

1. Responses to requests for cooperation with each investigation and reports on each investigation;

1. A copy of a medical certificate and opinion;

1. Application of the Acts and subordinate statutes to photographs of parts of each injury, on-site photographs, and photographs of C fronts;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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