Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From around 2008, the Defendant is a person who runs a lodging business with the trade name called Cpenta in Sinsi.

The above Cpention used the second and third floors as a guest room for the third floor building, and was installed outside the guest room for the second and third floor, and therefore, the defendant had a duty of care to install a rail and safely manage the rail in order to prevent the fall of the following, as a business owner and manager of the above Cpention, and as a manager, there was a duty of care to safely manage the rail.

Nevertheless, at around August 5, 2017, the Defendant used wood as a rail material in replacing a rail at around 2013, and caused the said victim to fall down on the ground below 4.4m above the ground below the surface of the victim E (58 years old) who was accommodated in the said Cpenta D around August 22, 2017, due to the negligence of management of the rail, such as being connected with a steel pole fixed in the 2nd floor bed, without connecting a rail pole, and being connected to a wooden rail.

Ultimately, the Defendant suffered injury, such as mination of 16 weeks or more on the left-hand side, due to such occupational negligence.

Summary of Evidence

1. Legal statement of witness E;

1. A report on the results of field identification;

1. On-site photographs;

1. The defendant and his defense counsel asserted that there was no negligence of the defendant in relation to the occurrence of this case, even if there was negligence, there was no causation between the defendant's negligence and the victim's injury. However, according to Article 18 of the Regulations on Standards, etc. of Housing Construction, the materials of rail installed outdoor shall be used as reinforced concrete, even if they are destroyed, safe glass, strength, and fireproof material, but the materials of rail installed indoors can be used as wood.