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(영문) 광주지방법원 순천지원 2016.10.26 2015고단391
업무상과실치상
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates a penture in Bosung military C.

At around 22:30 on July 26, 2014, the Defendant provided a guest room and swimming pool to the police, including the victim E (the age of 45).

In such a case, the defendant explain directions for the use of facilities to ensure that guests can use the facilities safely, and since the swimming pool operated by the defendant is over 1.2 meters in depth, the head may face the floor if they ice ice ice, so it is highly likely that the head may face the floor, so in addition to the above duty of care, the charges such as the construction of safety facilities such as warning boards informing the occurrence of the depth and accident, etc. include a duty of care to assign safety personnel to the swimming pool, but as examined below, it is difficult to view that the defendant has a duty of care to assign safety personnel to the swimming pool of this case, and the part is deleted from the crime.

There was a duty of care to prevent the occurrence of a safety accident due to negligence.

Nevertheless, the Defendant neglected this and failed to install safety facilities such as warning boards to inform the risk of accidents and the depth of the swimming pool, etc., and caused the victim scambling in the above swimming pool to suffer bodily injury, etc. due to low water depth in the process of iceing in the above swimming pool, and caused about 32 weeks to face head on the bottom of the swimming pool.

Summary of Evidence

Defendant’s partial statement

Witness

F Application of the F’s protocol of interrogation of the prosecutor’s suspect to the defendant in the court statement, a copy of the record of medical treatment, a medical certificate, and a opinion

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

2. A fine of five million won to be suspended;

3. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the detention of a workhouse.

4. The Criminal Act of suspended sentence.

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