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(영문) 인천지방법원 2020.09.11 2020고정935

업무상과실치상

Text

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

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

Reasons

Punishment of the crime

The Defendant is a “C Team” childcare teacher who instructs infants aged between 4 and 5 within the B childcare center, and the victim D (the age of 5 at the time, son) is a young child who was taken care of the above C Group in the childcare center.

The defendant, as a child care teacher with the first grade certificate of infant care teacher and the second grade certificate of the director of a child care center, when he/she engages in dangerous conduct in outdoor activities in parks, playgrounds, etc., he/she shall immediately stop, and he/she has a duty of care to ensure that infants and young children in a high-level play room are not injured, such as helping them live more carefully or to safely get out of dangerous place, and when finding injured infants and young children, he/she has a duty of care to report to 119 immediately or to take necessary emergency measures.

Nevertheless, on June 20, 2019, at around 10:46, the Defendant was playing in the Yongsan-dong, Michuhol-gu, Incheon, Yongsan Park Park Park 612-7, the Defendant neglected the above duty of care to immediately stop or safely get off some young children, and caused the injury to the victim, such as the dives of the original part of the mouth, which is in need of treatment for about 8 weeks, by neglecting the above duty of care and neglecting the duty of care to ensure that some young children can immediately stop or safely get off, and by neglecting the above duty of care.

Summary of Evidence

1. Partial statement of the defendant;

1. Among the witness E’s statement statement, the police officer’s investigation report (F publication, safety management white paper and attachment of materials), investigation report (on-site investigation) (on-site investigation in the fixed park play facility) Defendant and defense counsel are installed with the play equipment for the children between 5 and 12, and the victim is safely installed.