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(영문) 대구지방법원 2015.11.06 2015고단4077
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a private teaching institute under the mutual name of the “Eartistic Institute” in the fourth floor of the Da building in Daegu-gu.

The Eartistic Institute is located on the fourth floor of the building, and the windows outside the building are located on the floor at the height of 35.4 cm from the floor, and is sufficient to pass through the body of private teaching institutes at the maximum width of 29 cm when windows are opened. In such a case, the Defendant, who is responsible for the safety management of private teaching institutes facilities and private teaching institutes, has a duty of care to prevent fall accidents by taking measures such as installing safety facilities on the side of the windows or installing windows or preventing windows from being opened.

Nevertheless, the Defendant neglected this and opened a private teaching institute’s business by driving the private teaching institute by neglecting it and neglecting it, without any arrangement to ensure that young school students do not have access to the windows while being aware that the fall prevention bar installed on the window of the private teaching institute is not fixed on the window but separated from the window. On May 14, 2015, at around 16:40, the Defendant: (a) caused the death of the victim F, who was friendly and playing before the windows of the private teaching institute, to fall down on the rail of the second floor outside the building through the window opened by the string of the building; and (b) around 13:13 of the same month, the victim caused the death of the victim due to brain liver function in the middle and middle patient room of the Yong-gu Nam-gu University University Hospital located on the 21st of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes, such as criminal place, report on the occurrence of a safety accident, photograph, internal investigation report (explosion report and on-site photo), notification to a department related to the reporting of the 112 Incident, internal investigation report (Attachment of records related to the investigation by the person for reference), stenographic records, investigation report, report on occurrence of a death, death diagnosis report, victim photograph, etc.;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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