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.

Punishment of the crime

The defendant is a person responsible for the safety management, etc. of various facilities in the above Ri Ria, who is a business officer in charge of the operation of the D Ria set in Jeju-si.

On July 31, 2015, at around 19:10, the Defendant provided the use of a swimming pool at the time to the victim E (the age of 7 at that time) who had been given accommodation in the said set, in an outdoor swimming pool located in the said set, and the Defendant provided the use of the swimming pool at the time. The location of the set pool is 1.13 meters in depth, the depth is 1.4 meters in depth, and the depth is 1.4 meters in depth, and there was no safety facility, safety gate, or warning board around the swimming pool. Accordingly, there was a risk of being omitted in water in the course of use, in a case where a child with a small height is using a swimming pool.

In such cases, the defendant, who is engaged in accommodation business, has a duty of care to ensure that guests can safely use guest rooms and ancillary facilities, and to install and operate an outdoor swimming pool with a high risk of safety accidents, he/she has a duty of care to prevent accidents in advance by installing safety facilities, such as installing safety fences in the vicinity of a swimming pool, keeping life jackets, life jackets, etc. in preparation for water safety accidents, installing warning signs to inform the risks of accidents, and restricting the use of swimming pools of small children, and giving prior warning of the risks of safety accidents.

Nevertheless, the Defendant neglected to install safety facilities such as safety fences, life jackets, and life jackets, and did not limit children's use of the swimming pool or notify the risk of the depth and safety accidents, caused the victims who play water in the outdoor swimming pool to go into the swimming pool.

As a result, the defendant suffered injury to the victim due to the above occupational negligence, such as obsive brain damage that requires medical treatment for the number of days of treatment.