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(영문) 부산지방법원 2015.09.17 2015고정1642
과실치사
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative pastor of the Korean Film Association, the Korean Film Association, who owns the 5th floor building located in Busan Jin-gu D.

On May 11, 2014, at around 14:40, the victim F fells into a concrete floor between the church building and the next building on the rooftop of the building of the above church, and was transferred to a H hospital located in Busan Jin-gu G and received medical treatment, the victim F died due to the damage of the body part caused by fall at around 02:20 on the 12th day of the same month.

Although the rooftop of the above church building was closed only through stairs, it was temporarily opened as a preparation for the youth assembly of the above church at the time, the height of the rooftop rail was approximately 1.1m, and the width of the side of the rail was approximately 1.41m, and there was about four water pipes in front, and about 1.2m, the height of the rail was about 1.2m.

In such a case, the Defendant installed a water pipeline on the roof and installed it is similar to the height and height of the above rail, lack of awareness of danger to the rooftop rail, and it was anticipated or anticipated that the children of the church believers who usually enter the church have the danger of fall, and thus, the Defendant caused the death of the victim as above by negligence, even though there was a duty of care to take measures to prevent the above falling accident, such as installation of facilities to prevent the access to the information facility or a rail, which demands attention, and thus, did not take any measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to I, J, and K;

1. A written result of autopsy;

1. Court rulings;

1. A report on the results of inspection of changed or deceased persons;

1. Application of Acts and subordinate statutes to field photographs, site photographs, and carcasses;

1. Criminal facts;

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