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(영문) 서울서부지방법원 2018.07.05 2017노1778
업무상과실치사
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty on the ground that the defendant was merely an employee of the hotel of this case, but the defendant was guilty of the duty of care as a safety control manager is unreasonable.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3 million) is too unreasonable.

2. The Defendant’s summary of the facts charged is the “D hotel” in Mapo-gu Seoul Metropolitan Government (hereinafter “instant hotel”).

“A general manager of a hotel bears a duty of care to remove dangerous elements of hotel facilities scheduled to pass by many people, improve safety, prevent accidents involving others from being broken off or causing death, while comprehensively taking charge of safety management inside and outside the hotel building.

Nevertheless, at around 19:05 on January 12, 2016, the Defendant: (a) at the hotel of this case, at the hotel of this case, up to 19:05, the Defendant was obliged to take safety measures, such as preventing entry; (b) correcting the underground entrance of the part where the Defendant does not allow people to freely pass through the hotel, such as customers or visitors; and (c) installing necessary lighting and railing to prevent people from falling short of vadididididididididididididididididididididididititu; and (d) without installing necessary lighting and railing, thereby allowing victims (e.g., victims (e., 45) who entered the hotel of this case to suffer from brain madidididididididididididididididididididi, thereby causing the death of the above EM to the same number of 3:50 on May 13, 2016.

3. The judgment of the court below is based on the evidence as stated in the judgment below.

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