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(영문) 수원지방법원 성남지원 2013.05.31 2013고정79
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a golf practice range in Sungnam-si D.

A person engaged in the operation of a golf driving range has a duty of care to prevent injuries to customers who use the golf driving range by installing a safety net on the side of another seat, etc.

Nevertheless, the Defendant did not fully install a safety net at the PAR 3 practice hall No. 2 on May 20, 2012. On May 20, 2012, the Defendant: (a) caused the victim F, who was in order to set up a golf hole from the PAR 3 practice hall No. 16:30 on May 20, 2012, thereby causing injury to the Defendant, such as the left-hand bar and the mouth in need of approximately 4 weeks due to the instant PAR’s customer of the above driving practice range at PAR 3 practice hall No. 1, PAR 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The assertion;

A. The victim did not inflict any injury on G in light of the golf-friendly golf practice range.

In other words, the victims themselves suffered injuries or suffered injuries in other places than the driving range of this case.

B. There is no negligence on the part of the Defendant, and the injury of the victim was not caused by the negligence of the Defendant, who is the golf course operator, but caused by the victim or G not to take proper safety measures required for the practice hall users.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence examined by this court, the victim’s injury was in the vicinity of the 2 hole, and the victim’s other users’ G was generated from the 1 hole to the golf hole, and the Defendant was negligent in not fully installing the safety net at the 2 hole.

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