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(영문) 제주지방법원 2019.07.04 2018노395
업무상과실치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant’s golf course with a total manager (hereinafter “instant golf course”).

2) On the other hand, U.S. Co., Ltd. entered into a contract on the maintenance of U.S. golf course course, and accordingly U.S. Co., Ltd.’s bridge (hereinafter “instant bridge”).

(2) Since the defendant has a specific and direct duty of care in relation to the management of the bridge of this case, even if the defendant has a specific and direct duty of care in relation to the management of the bridge of this case, the defendant took all necessary safety measures in relation to the maintenance and management of the bridge of this case (the accident occurred to the victim is that the victim confirmed his/her relative position in advance at the front line of the bridge of this case unfairly in violation of the rules on the use of the bridge of this case, and that the defendant's negligence over the rear walking quality without examining the surrounding part of the bridge of this case is likely to concurrently occur. Thus, it is difficult to see that the defendant has a duty of care to take protective measures against the accident of this case that occurred beyond the scope of the said duty of care.

3) As above, insofar as the instant accident occurred due to the victim’s negligence, there is no proximate causal relationship between the Defendant’s breach of duty of care and the victim’s injury. B. The lower court’s sentence against the Defendant (including six months of imprisonment without labor and two years of suspended execution).

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