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(영문) 창원지방법원 2014.07.10 2014노563
업무상과실치사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts cannot be deemed to have a duty to assign safety personnel as the instant accident occurred in an unclaimed swimming pool, and the Defendant was prevented from entering the entrance of a swimming pool into a log and a hack metal, and not only indicated the entrance of a swimming pool, but also performed his duty of care, such as placing an indication of prohibition of access to a swimming pool and an indication of risk sources, and leaving the intermediate point (80 cm part) of a swimming pool as a large tree, the lower court convicted the Defendant of the facts charged, and thus, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

(2) The sentence imposed by the lower court (one year of suspended execution on June) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The lower court acknowledged the Defendant’s assertion of mistake of facts based on the evidence duly adopted and examined, namely, the following circumstances: ① the size of the Defendant’s outdoor swimming pool in the E Youth Training Center operated by the Defendant in which the instant accident occurred is 12m wide, 50m high, 1.5m high to 3.5m high to 2.5m high at the time of the accident; ② on the date of the instant accident, 150 visitors were installed in the training ground of the instant accident, and 150 campings were going to go to the camping, and there were many children among the campings; ③ the Defendant kept water inside the swimming pool 2 to 3 days prior to the request of the Taekwondo ground, and the Defendant used the Taekwondo pool on the day of the instant accident, and the Defendant used the Taekwondo pool 1m high to 2m high to 3m high to 1m high to 20m high to 20m high to 1m high to 20m high to 20m high to 1m high to 2.

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