The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds of appeal is that the instant restaurant is well equipped with ventilation facilities. As long as employees operated a ventilation machine while providing a lighting equipment to the victim, the Defendant shall be deemed to have fulfilled his duty of care. In addition, prior to the instant case, there was no similar accident in the Defendant’s restaurant, and the victim did not extinguish the ventilation.

In light of the fact that the victim would not have reached the death if he did not sleep within the room, etc., it is difficult to deem that the defendant could have predicted the accident. However, the court below which recognized the defendant a crime resulting in death by occupational negligence, erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Determination on the grounds for appeal

A. In full view of the evidence duly admitted and examined by the original court and the police testimony of G in the progress of the case, the legal statement of J and K in the first instance court, emergency medical services log, first aid status table of patients in cardiopulmonary stop, and the inquiry inquiry reply of the head of Busan Metropolitan City, the chief of the fire station, etc., the following facts or circumstances are recognized.

① The Defendant operates a restaurant in Busan-gun, which sells lighting equipment, etc. (hereinafter referred to as “instant restaurant”), and the instant restaurant has a total of 47 rooms independent in the form of vags.

② On July 13, 2011, at around 15:38, the victim and G entered the restaurant 214 of this case, and divided it into a steering dog, a 3-beer, and a 1-beer.

③ On this day, there were a lot of dogs to the extent that the sea was almost rare (238 pages of the Defendant’s prosecutor’s statement, investigation records, and investigation records) and damp even high.

(10.5m, dampdo 88.1%). (4) The room 214 is a room of approximately 6.76m2 square meters, which is installed on the seashores, with windows on the seashores, with a ventilation and air conditioners installed, and one table is installed at the center of the room.