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(영문) 부산지방법원 2016.04.28 2015고단8793
업무상과실치상
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as the representative director of C, was in charge of repair and management of swimming pool facilities by entrusting the swimming pool of the E University Sports Center located in Youngdo-gu, Busan.

On July 3, 2014, around 12:00, the Defendant leased the above swimming pool to acquire the qualifications of rescue workers conducted by the Seoul YMCA Leisure Business Department. In such a case, the Defendant, who was in charge of the duties of repairing and managing swimming pool facilities, has a duty of care to install other safety facilities, etc.

Nevertheless, the Defendant neglected this due to negligence in the course of his duties and caused the loss of the victim F(17) who was taking a course in the above swimming pool to the drainage channel that does not cover it, resulting in the Defendant’s failure to take treatment for about 8 weeks, such as the cryp fever, the right-hand leg, etc.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police with regard to F;

1. A medical certificate;

1. An accident report;

1. A complaint;

1. Application of statutes on site photographs;

1. Taking into account the relevant legal provisions of the criminal facts, the selection of punishment, the selection of fines (the occurrence of damage seems to have contributed to the victim's negligence, the occurrence of damage is deemed to have contributed to the victim's negligence, the occurrence of criminal punishment after 190 has no record of criminal punishment, and there is no record of criminal punishment other than fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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