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(영문) 전주지방법원 정읍지원 2017.09.28 2017고단245
업무상과실치사
Text

Defendants shall be punished by imprisonment without prison labor for ten months.

However, it is against the Defendants for two years from the date of the final judgment of this case.

Reasons

Punishment of the crime

Defendant

A is a person operating E bath in Jung-Eup, and Defendant B is an employee of the above bath.

Defendant

B Each week or Sundays, after removing lids from the drainage apparatus (8.5cm in diameter) located in the public bath in height of 116cm, B performed cleaning work after subtracting water. In the event that customers are left in the public bath because of the end of business hours after the end of business hours, they had occupational duty of care to prevent the occurrence of accidents, such as restricting customers’ use of the public bath, and Defendant A had occupational duty of care to manage and supervise Defendant B in advance to prevent the occurrence of accidents in public bath.

Nevertheless, Defendant A did not take any measures with respect to all safety accidents even though Defendant B told that he would remove lids from the drainage hole to cut off the water to clean the said massage in the situation where Defendant B had customers prior to the end of business hours. Defendant B removed the lids from the drainage hole without having the customers take all measures such as restricting the use of the massage, etc., and neglected the victim F (7 years of age) who was taking the bath at the above bath around March 19, 2017 due to the pressure of the victim to enter the said bath room, thereby getting the victim into the said bath, thereby getting the water to rapidly enter the said drainage hole and getting the water out of the water, leading to a safety accident leading to the death of the water at that time.

Ultimately, the Defendants jointly neglected to perform their duty of care as seen above and caused the death of a person.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

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

1. Relevant provisions of the Criminal Act and Articles 268 and 30 of the Criminal Act concerning the selection of punishment for the crimes;

1. Suspension of execution;

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