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(영문) 대구지방법원 2014.08.28 2014고단3018
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was an employee of the E-cafeteria in Daegu Jung-gu C market D, and was engaged in duties such as eating and drinking ordered by customers.

At around 14:00 on January 13, 2014, the Defendant received an order from the Victim F (8 years of age) who is a customer and his family members to provide the victim with a misunderstanding containing a water control charge.

However, since the restaurant is narrow in the place, customers are seated close to the place, and the food made of heavy water is brought to customers, so the defendant has a duty of care to keep the food safe in front of the food table where customers are seated by a dispute or instrument, and to grasp the movement of customers well and to keep the hot food so that they do not all times.

Nevertheless, the Defendant neglected to do so and laid down the misunderstanding containing water expenses into the victim’s left shoulder, and made some of the hot national objects contained in the misunderstanding into the victim’s neck, etc.

As a result, the Defendant suffered her head and 2 degrees of images, etc. from which the number of days of treatment cannot be known to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects concerning G;

1. The police statement of H;

1. Application of the photographic Acts and subordinate statutes to image photographs, cafeteria photographs, and spatifs;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for the sentencing below) is to be serious to the extent of damage suffered by the victim due to the defendant's negligence, and did not reach an agreement with the victim. However, the defendant is divided in depth, and 3 million won was deposited for the victim even in the case of the family type where the defendant is difficult, and the victim's side is against G where the defendant and the owner are the defendant.

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