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Defendant
A 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 of the final judgment.
Reasons
Punishment of the crime
Apartment security guards have a duty of care to safely manage the facilities of elevators, etc., to stop the operation of elevators in the event of a breakdown, and to take appropriate measures to prevent accidents, such as promptly requesting repair.
Defendant
A is a person who serves as a security guard of the F apartment in Ulsan-gu, Ulsan-gu.
Defendant
A on August 27, 2012, from around 03:21 to around 07:58 of the same day, the first elevator of the F apartment of Ulsan-gu, Ulsan-gu, U.S., operated 16 times, and around the same day, around 07:40 of the same day, the above apartment tenant stated that "one elevator is operated by the operation of the elevator" was "the operation of the elevator immediately after that day," and therefore, it was confirmed that the elevator was operated by the operation of the elevator. Thus, the above elevator was immediately suspended, and the above elevator was not operated by the entrance of the elevator, and it was obliged to take a duty of care to prevent accidents, such as indicating the breakdown at the entrance of the elevator, allowing other occupants to promptly inform the G company that is a controlled entity of the failure, and requesting other occupants to promptly repair the elevator.
Nevertheless, Defendant A neglected to stop the operation of the said elevator and did not indicate the failure, and did not notify the occupants of the failure to use the said elevator due to the failure.
Defendant
A Public Prosecutor indicted Defendant A as a co-principal with Defendant B’s negligence, but it is difficult to recognize Defendant B’s violation of the duty of care as stated in the following, and thus, Defendant A is guilty only for a single criminal act, and Defendant B’s conspiracy with Defendant B shall be deleted from the facts of crime. On August 27, 2012, at around 07:58, the foregoing occupational negligence, and around August 27, 2012, an elevator that was damaged from the first floor of the above apartment No. 1-2Ra was put in a door without a complete error on the first floor, and the victim H who was unaware of the above elevator failure.