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(영문) 수원지방법원 성남지원 2017.01.18 2016고단861
업무상과실치상
Text

Defendant

D A person shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] Defendant A refers to L Building A (hereinafter “instant building”) which is a building with the first floor and fourth floor above the ground located in K located in Sungnam-si, Sungnam-si, Seoul-si.

Defendant B is a managing director. Defendant B is a person who was operating a screen golf course on the third and fourth floors of the instant building. Defendant C is a person who leased the third floor of the instant building after the expiration of the lease term, and Defendant C is a construction business operator who installed a balcony, which is an escape facility, on the third floor of the instant building.

Defendant

B around March 13, 2011, at the time of lease of the third and fourth floors of the instant building, the balcony (160cm x 111cm x 117cm), which is a steel structure installed on the left side of the building, was installed in front of the building, and the third floors of the building were ordered to be restored to its original location (the left side of the building) by requesting Defendant D to move the balcony to the left side of the building and installed it.

On the other hand, Defendant C leased the third floor of the instant building and requested N to construct a store interior interior interior test for M main business. During the construction process, Defendant C installed the escape equipment, which is the escape equipment, on the front door of the building where Defendant B installed the balcony in the construction process, and designed and constructed the space as the escape equipment, which is the escape facility, and the escape guidance map was posted on the wall of the building.

[2] According to Article 9(1) of the Special Act on the Safety Control of Publicly Used Establishments, publicly used establishments are required to install and maintain refuge facilities, which are safety facilities, in preparation for a fire, disaster, or other emergency situation.

Defendant

B used balcony as an escape facility at the time of operating a screen golf course on the third floor of the instant building, and thereafter, in order to operate the main point on the third floor of the instant building, Defendant C’s interior design is used.

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