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(영문) 서울중앙지방법원 2017.06.14 2017고정1063
업무상과실치상
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant operates a cafeteria in Dongjak-gu Seoul Metropolitan Government, and is in charge of safety management, such as fire prevention of the said cafeteria.

On August 5, 2016, the Defendant was ordered to hold a window in the above restaurant by multiplying the victim D (46 Does), E (46 Does) and F (46 Does) on August 5, 2016. On the ground that the victims’ winding winding around the restaurant table, which the victim was seated, could prevent winding around the market.

In such cases, there is a high possibility of explosion due to heating the carbon gas container, so the defendant has a duty of care to take appropriate measures to prevent explosion of the container by cutting cooling water around the gas siren or removing wind sturging.

Nevertheless, the defendant did not take any measures without installing the above wind stop, and the carbon gas container installed in the above table was explosiond by negligence.

As a result, the Defendant caused the victim D’s injury of shoulder and 2 degrees of image, etc. except for the number of days of treatment, due to the above occupational negligence, the Defendant caused the victim F to inflict bodily injury on the victim F, the victim F’s hair and 2 degrees of image, etc. in the number of days of treatment, and the victim E suffered bodily injury on the victim E in the number of days of treatment, hair and 2 degrees of image, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A written statement of F and E;

1. A photograph, etc. of damage and a report on internal investigation (on-site CCTV investigation);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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