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(영문) 의정부지방법원 2016.12.15 2016고단4576
업무상과실치사
Text

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

Reasons

Punishment of the crime

Around May 2016, the Defendant, as an operator of Gyeonggi-gun C, installed a facility for a chwit-type te, which occupies the “D” as a business area.

There are three point five meters in depth and three point five meters in depth, and the above facility has a duty of care to prevent ice accidents in advance, such as lubing lub in which a lubial net is installed, one lub, and a lub designed to put the water into water, and a lub, a slope, and a lubing place at a height of about 15 meters, so the users can see by leaving the river, so whether the users are engaged in dangerous conduct by placing safety watch officers, etc., whether there is a person who is missing from the water, and to monitor whether there is a person who is missing from the water, or a person who installs a guidance phrase stating the directions for use, etc.

Nevertheless, around June 19, 2016, the Defendant left the water play, such as the victim F (the age of 29) who did not wear life jackets in the above facility but did not assign safety personnel. On June 19, 2016, the Defendant left the water at around 12:23, 2016, and was found to have been rescued by the victim from the brightness, and was still found to have been rescued in the water at around 13:03.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each statement of J, A, I, and K;

1. Records of seizure and the list of seizure;

1. Building lease contract, water-related leisure business registration certificate;

1. A report on internal investigation (verification of CCTV image data at the site of the incident), CCTV image photographs at the site of the case, photographs of the site of the case, and body photographs;

1. Written consent to occupy and use;

1. Investigation report (Attachment of CCTV image data at D site), CD attachment (D CCTV image data - Suspect A image submitted);

1. A written autopsy and appraisal;

1. Application of Acts and subordinate statutes of a death certificate;

1. Criminal facts;

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