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(영문) 서울서부지방법원 2017.12.08 2017고정661
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

The defendant is a general manager of "D hotel" in Mapo-gu Seoul Metropolitan Government, who takes overall charge of safety management inside and outside the hotel building, and has a duty of care to remove dangerous elements of hotel facilities scheduled to pass by many people, improve safety, prevent accidents involving others from spreading or killing.

Nevertheless, at around 19:05 on January 12, 2016, the Defendant: (a) at the above hotel “D hotel”; (b) at the underground entrance of the part where the Defendant does not allow the free passage of the hotel to customers or visitors; and (c) at the height of 3 meters high from high-speed underground stairs installed with adequate locking devices, and (d) installed necessary lighting and railing so that people do not go against vadddy; and (b) neglected to take safety measures, such as preventing entry; (c) installed necessary lighting and railing; and (d) opened the entrance of the entrance at the above place; and (e) made the victim E (45 years old) who entered there around that time without installing necessary lighting and railing; (e) caused the death of the victim E-(s) who entered it, thereby resulting in the death of the above E-Ga, brakeing, e.g., Incheon University., Incheon University: 13:50 on May 16, 2016.

Summary of Evidence

1. Legal statement of witness F;

1. Partial statement of witness G;

1. Reports on internal investigation (on-site inspection and CCTV verification) and photographs attached thereto;

1. Application of the Acts and subordinate statutes to photographic materials and photographs;

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;

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