logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.12.21 2017노915
업무상과실치상
Text

The judgment below

Defendant C and D shall be reversed.

Defendant

C. A fine of 10,00,000 won, Defendant D.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (unfair sentencing) is too unreasonable. The punishment sentenced by Defendant A (hereinafter imprisonment without prison labor for 8 months and 2 years of suspended execution) is too unreasonable.

B. Defendant B (unfair sentencing)’s punishment sentenced by the lower court (eight months of imprisonment without prison labor, two years of suspended sentence) is too unreasonable.

(c)

Defendant

C (misunderstanding of facts or misunderstanding of legal principles, misunderstanding of facts, or misunderstanding of legal principles), K Si entrusted the maintenance and management of L (hereinafter “L”) to the K Facilities Management Corporation (hereinafter “Facilities Management Corporation”). Thus, the maintenance and management of facilities in L is the duties of the facility management corporation and it does not constitute Defendant C’s duties.

B) Even if the maintenance and management of L’s facilities constituted Defendant C’s business, Defendant C took measures to stop cleaning immediately after V damage and prevent access to the partitions of the large exhibition room. There was no breach of duty of care.

C) In addition, Defendant C did not know at all the employees of the Facility Corporation, including Defendant D, at the large exhibition room, that he did not anticipate the instant accident at all, and there was no relationship between Defendant C’s breach of duty of care and the instant accident.

D) Nevertheless, the court below convicted the charged facts of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court (six months of imprisonment without prison labor, two years of suspended execution) is too unreasonable.

(d)

Defendant

D(unfair sentencing) The sentence (10 months without prison labor) sentenced by the court below is too unreasonable.

E. The prosecutor (unfair sentencing)’s each sentence sentenced by the lower court to the Defendants is too uneasible and unfair.

2. Determination as to Defendant C’s misunderstanding of facts or misapprehension of legal principles

A. Whether the maintenance and management of facilities in L constitutes Defendant C’s business.

arrow