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(영문) 의정부지방법원 2018.02.14 2017고단2609
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the business of operating a pension with the trade name "D" in Gyeonggi-si C.

Defendant 1 installed a simple swimming pool for young children (85 cm wide, 5 cm long, 25 cm water depth, 80 cm long) within the above pent, and determined the hours of use from 10:0 to 19:00 so that the above pents can be used by the users.

When operating a swimming pool to be used by young children, they have a duty of care to prevent accidents that young children are placed in the swimming pool by taking measures such as correcting the entrance entrance of the swimming pool or observing the entrance in order to ensure that young children do not enter the swimming pool after the lapse of the hours of use.

Nevertheless, on July 31, 2016, the Defendant neglected this and did not take measures such as correcting the entrance or complying with the above despite the use time of a swimming pool around 19:03 on July 31, 2016, thereby getting the victim E (3) this mixed swimming pool into a swimming pool to put the rubber tubes away from that place.

Accordingly, the Defendant caused the death of the victim from the above occupational negligence to the next death.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Each statement of the F;

1. Application of Acts and subordinate statutes to a copy of a corpse examination, a photograph of a deceased person, and a scene photograph;

1. Relevant Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (applicable to the sentencing guidelines as a penalty option) of the Criminal Procedure Act (applicable to the case of a penalty) is that the victim of three years of age is able to die by occupational negligence due to the failure of the defendant to properly manage the entry of a simplified swimming pool of the pen operated by the defendant, and the result of the crime is heavy in light of the result.

However, the defendant recognized his mistake and reflected his mistake.

According to the visual video images at the time of the accident, only three years of age.

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