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(영문) 수원지방법원 안산지원 2018.04.25 2016고단3283
업무상과실치상
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Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A, on December 25, 2015, from 4 to 3 floors, moved the 10 series of shopping car prior to the D Mart 3rd E located in Sinsi-si around 18:30 on December 25, 2015.

Since the place is a slope, there is a risk of accidents in the event that shopping car is getting off, the defendant A has a duty of care to check whether there is no customer in the surrounding part of the cart and to prevent the occurrence of the cart in advance by two or more employees moving the cart.

Nevertheless, Defendant A neglected this and did not confirm whether there is no customer around the cart, and transported 10 mixed shopping cart from 4 to 3 floors, Defendant A faced with the victim F (n, 47 years old) who was on the top of the bed and the right side of the bed of the cart on the wind where the cart is cut off.

After all, Defendant A suffered injury to the victim, such as soft bones salt, tension, etc., which requires three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement made by the defendant A in the sixth public trial records;

1. Statement made by the police with regard to F;

1. On-site CCTV CDs and photographs;

1. Application of Acts and subordinate statutes to response to the results of appraisal;

1. Relevant Article 268 of the Criminal Act concerning a crime. Article 268 (Selection of Penalty)

1. The portion not guilty of Defendant B, who did not have a criminal record against Defendant A, the circumstance and degree of damage of the instant accident, and the Defendant A’s refusal of deposit with the victim, etc., under Articles 70(1) and 69(2) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2,

1. The summary of the facts charged is that Defendant B has a duty of care to educate the employees of the above sales center and to manage and supervise the sales center employees so that they can perform their duties safely.

Nevertheless, there is a need to do so.

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