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(영문) 서울중앙지방법원 2013.04.24 2012고정5628
업무상과실치상
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who takes charge of marina duty against customers at the Gangnam-gu D Magaz shop in Seoul.

Around 15:00 on April 22, 2012, the Defendant had a duty of care to look back with the victim C (the 50-year old-old-age-age-age-age-age-age-age-age-age-age-age-of-the-counter-age-age-age-age-age-of-the-counter-age-age-age-of-age-age-age-of-age-age-

Nevertheless, the Defendant neglected such care and caused excessive force by using the tool called “newer”, thereby causing injury to the said victim due to occupational negligence, where the number of days of treatment cannot be determined.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigation report (general) - Attachment of a written diagnosis of a victim, etc.;

1. Investigation Report (general) - Application of the relevant Acts and subordinate statutes of a photograph of a marina tool used by the suspect;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the defendant's assertion under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Dismissal of Application for Compensation (the scope of defendant's liability for compensation is not clear)

1. The Defendant alleged that he was drinking to the victim by using the “new flag,” but there was no causal relationship with the injury of the victim, since he did not drink the victim’s chest.

2. The following circumstances that can be recognized by the evidence duly adopted and examined, namely, the victim, on the day of the instant case, was sent to the Defendant with a “new” letter of material from the Defendant on the day of the instant case, and there were serious pains, and the victim discovered the fact that there is anything wrong in the chest, and made a telephone conversation against the Defendant on the following day.

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