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(영문) 제주지방법원 2016.05.04 2015고단1505
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is responsible for the management and operation of the E Co., Ltd. (F, G) in Jeju City as the chief executive officer in charge of the management and operation of Hriart in H. D, and is responsible for the safety management of various facilities in the above Riart.

On September 22, 2014, at around 00:15, the Defendant: (a) in an indoor swimming pool located on the first floor of an indoor swimming pool, at the time, completed the business period of the indoor swimming pool, and drained all water of the swimming pool in the indoor swimming pool and closed the indoor swimming pool; (b) the depth of the swimming pool is approximately 1.5 meters; and (c) the floor is constructed with concrete and is in the form of a string in the outer site; and (d) there was a risk of suffering from injury by cutting the front, etc. of the indoor swimming pool into the indoor swimming pool at night without knowing such fact.

In such cases, the defendant had a duty of care to prevent customers from being exposed to an indoor swimming pool and falling into the bottom of the swimming pool by constantly correcting the entrance door of the indoor swimming pool and by taking measures such as installing safety fences and safety fences inside the indoor swimming pool, etc.

그럼에도 불구하고 피고인은 이를 게을리 한 채 실내 수영장 출입문을 시정하지 않고, 실내 수영장 내부에 안전등과 안전 펜스를 설치하지 않는 등의 업무상 과실로 당시 전등이 켜져 있지 않아 깜깜 한 실내 수영장을 통해 야외공원으로 나가려 던 피해자 I로 하여금 풀장을 식별하지 못한 채 그 바닥으로 추락하게 하였다.

As a result, the defendant suffered approximately 14 weeks of the 14 weeks of treatment to the victim in occupational and practical course.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement by the witness J;

1. Statement of inspection by this court;

1. Statement of complaint and accompanying documents of I, and statement by the police for I;

1. Investigation report (the warrant and photograph of the scene of the accident);

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