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(영문) 창원지방법원 진주지원 2016.02.17 2015고정658
업무상과실치사
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the head of the E Taekwondo department affiliated with the victim D(6) of this case, took over all players from their parents to play a water play, which is a part of sports activities, caused the death of the victim, by failing to wear life jackets at the G water play place (125 centT) located in the Hanam-gun, Hanam-gun, and around 12:30 on July 25, 2014, while the Defendant was obligated to take occupational care in advance to prevent the risk of the accident, such as taking water play together with accompanying the kis, and caused the death of the victim who performed water play, without wearing life jackets at the G water play place (125 centT) located in the F of the Hanam-dong, Hanam-gun, by reason of the transfer of the victim D(6).

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against H and I;

1. Each police statement concerning J, K, L, and M;

1. A death certificate;

1. The application of Acts and subordinate statutes to record the photographs of the body of a deceased case, the photographs of the deceased, and the field photographs of the deceased case;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the Defendant cannot be held liable for the crime of occupational negligence on the part of the Defendant, inasmuch as the Defendant breached his duty of care by failing to wear the life jackets to the victim, etc., but the Defendant did not have any relation between the Defendant’s breach of duty of care and the victim’s death.

However, in full view of each evidence in the holding, the following circumstances, namely, ① the victim was frighten in the water play in the water play of this case where his own key (125 cm) and the depth of his water is the same, ② the victim seems to have been in front of his external shock before his death, but the victim did not seem to have died of excessive external shocking, etc., but on the other hand, if the victim had worn a life jackets, he was able to obtain a large external shock within the water play of this case.

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