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(영문) 서울서부지방법원 2015.01.14 2014고정227
업무상과실치상
Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants, as employees belonging to D, are the first-class G security personnel of the F hotel underground in Yongsan-gu Seoul Metropolitan Government, who are obligated to take measures to safely move by preventing drunk customers while taking charge of the facility security of the above main office and the protection of customers.

On February 5, 2013, at around 02:10, the Defendants prevented the victim H (the age of 37) who was suffering from disturbance at the above main point to leave the main point, and thereby Defendant A intending to get out of the main point, and Defendant B forced the victim to get out of the main point, and forced the victim to get out of the main place, without taking any specific measures, got the victim to use it on the floor without taking any measures to get the victim to use it on the floor for four weeks.

Summary of Evidence

1. Defendants’ partial statement

1. Testimony of a witness I and H;

1. A written diagnosis of injury;

1. Police investigation report (CCTV image);

1. Personal protection / Application of Acts and subordinate statutes to a cost-charging contract;

1. Relevant Articles 268 and 30 of the Criminal Act concerning facts constituting an offense and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendants asserted that: (a) the victim’s active behavior did not request the victim to leave the victim; and (b) there was no negligence in the process of and outing the victim who was suffering from the disturbance in the club; and (c) there was no causal link between the victim’s injury and the victim’s injury.

According to the statements made by the witness I, the investigative agencies of H, and the court, the Defendants, under the influence of alcohol, set the two arms and body of the victim who was scambling in the club, laid the victim at the entrance of stairs and the stairs, causing the victim who was scambling out of the floor, and the victim who was scambling.

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