Defendant

A shall be punished by imprisonment without prison labor for one year.

Provided, That with respect to Defendant A, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is a safety manager who, under the trade name of “F” in the north-gu E at port, manages and supervises employees who directly operate the amusement facility business and directly manipulates the amusement facility. Defendant B and Defendant C are employees of the amusement facility business and are obliged to secure the safety of passengers.

위 유원시설에는 디스코타가다(일명 ‘디스코팡팡’)라는 놀이기구가 1대 설치되어 있었는데 그 놀이기구는 지름 약 5.5m인 원반모양 구조물에 30인까지 탑승할 수 있고 운전 시에는 경사각도 16.5°에 최대 회전속도 15rpm으로 돌아가면서 최고 높이 4.2m까지 올라갈 수 있는 것으로서 탑승자는 원반 가장자리에 설치된 의자에 앉도록 설계되어 있으나 좌석에 안전띠는 설치되어 있지 않아 좌석 뒤쪽으로 둘러진 스테인리스 봉을 손으로 잡아야만 좌석에 안정적으로 앉아서 놀이기구를 즐길 수 있는 구조이다.

The above play equipment is operated in such a way that they are moving down under the above, and according to the driving speed and the strength, passengers can break away from the place and fall into the floor, and in such a situation, passengers are likely to be injured because they are faced with play equipment floor or the stud lease string, while they do not have a stable seat.

Therefore, in preparation for the above danger, the operator shall inform passengers in advance that they are seated at a safe self-employed place in preparation for the above danger, and shall guide passengers so that they can safely maintain their self-employed condition while driving, and if they fall on the floor because they leave the place, they shall suspend their operation or reduce their driving speed.