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(영문) 서울북부지방법원 2018.07.20 2018고단1341

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 2016, the Defendant served as an assistant teacher of the Seoul Jung-gu 606 Dong 104 “D” childcare center.

On January 17, 2018, at the above child-care center around 09:25, the Defendant placed the instant cups containing water hicking in coffees on the top of the line between the main room and the ward.

In such a case, there is a risk that young children who are only in childbirth and do not have the ability to distinguish from each other might duplicate them with heavy water, so the Defendant has a duty of care to keep the instant cups in a place where young children's descendants are not contacted, or observe the instant cups so that the instant cups can enter one's own view, thereby preventing accidents in advance.

Nevertheless, the Defendant left the instant World Cup by neglecting it as soon as possible, and caused the victim E (1) by neglecting the instant World Cup in his/her hands, thereby making it possible for the victim E (1) to leak it into the left part of the victim’s hand, thereby taking two images into account the left part and hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of side pictures and photographs of video therapy;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act is that the Defendant, as a child-care center teacher, has to prevent dangerous goods from contact with the descendants of the victimized party, so it is highly likely that the victim would be subject to criticism in that the injured party suffered pictures by 2 degrees. The victim seems to need continuous chest treatment in the future when the accident of this case occurred due to the death of part of the skin, and the victim and his parents were likely to suffer considerable pain due to the accident of this case, and that the victim and his parents were not able to receive meltbucks from the injured party.

On the other hand, the defendant is a child care center safety mutual aid association while the victim is hospitalized.