Face fractured by golf ball during play... Caddy who shouted "Look at the ball" found not guilty
"Caddie Prosecuted for Negligence in Accident Prevention, Trial Underway
Court: 'Sufficient Evidence of Warning Given' Recognized"
A golf assistant (caddie) who was prosecuted for injuring a customer during a game at a golf course was acquitted in the appellate court, following the original trial.
On August 25, 2021, Mr. A suffered a fracture injury requiring three weeks of treatment after being hit by a golf ball while playing at a golf course in Yeongcheon, Gyeongbuk. At the 11th hole, where it was raining, a ball hit by Mr. A's group was mishit and struck Mr. A's face, who was located 25 to 40 meters ahead on the right front side.
Mr. B, a man in his 40s assigned as the caddie for the game, was prosecuted for professional negligence causing injury due to neglecting the duty to prevent the accident.
However, the first trial court acquitted Mr. B. At the time of the accident, Mr. B warned Mr. A and others by saying "Be careful of the ball" and "Watch the ball," and cited the victim's considerable golf experience and skill level, as well as the fact that Mr. B had warned participants not to move forward before the accident.
The prosecution appealed on the grounds of factual error, but on the 10th, the Daegu District Court 3-1 Criminal Appeals Division (Presiding Judge Kim Kyunghoon) announced that the appellate court also acquitted Mr. B, consistent with the original verdict.
The appellate court explained, "Since it is sufficiently recognized that Mr. B gave warnings before the accident, the original court's judgment of not guilty due to insufficient evidence of breach of duty of care is appropriate, and there is no illegality such as factual error as claimed by the prosecution."
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Meanwhile, safety accidents at golf courses nationwide have been increasing every year. According to the Ministry of Culture, Sports and Tourism, safety accidents at golf courses rose from 6,475 cases in 2017 to 14,468 cases in 2022, more than doubling in five years.
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