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(영문) 수원지방법원 2018.10.25 2018고단4473
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is in charge of the E swimming pool in Suwon-si D and exercises overall control over the management, safety, etc. of swimming pool.

A person who manages a swimming pool shall assign at least two safety personnel to the swimming pool, prohibit the children's adult swimming pool thoroughly, and, in cases where the children have entered a swimming pool for adults due to unavoidable circumstances, there is a duty of care to prevent safety accidents within the swimming pool, such as having safety personnel supervise the status of the children at all times and having the children wear safety equipment at all times.

However, the defendant neglected to do so and the written indictment in 2017 stated "2018." but it is obvious that it is a clerical error and thus correct.

8. On 16:47, at the above swimming pool, the victim F (6 years) enlisted in a mixed body without being supervised by safety personnel, etc. while failing to wear safety equipment on the swimming pool for adults, and had the victim F (6 years of age) lose the mind of having the water flown away.

As a result, the Defendant caused the victim to suffer emotional shocks and stress conditions, which require treatment for at least three months, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A president of the F;

1. Investigation as to whether the comprehensive land facility business falls under the category of the business, - list;

1. The area data of a swimming pool and the work site for a swimming pool;

1. Each medical certificate and opinion;

1. Application of Acts and subordinate statutes to CCTV image screen and CCTV image data (ROMs);

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. Circumstances unfavorable to the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act: The victim and his family have suffered considerable pain due to the accident in this case caused by the defendant's mistake.

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