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(영문) 서울중앙지방법원 2018.10.04 2018고단1878

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the “Adominate B’s son” affiliated with the Center, and is a person who has been engaged in rearing the Victim C (4 years) from September 1, 2016.

On September 27, 2017, the Defendant: (a) around 17:53, at the victim’s house located in the Jung-gu Seoul Metropolitan Government D Apartment on September 27, 2017, sent the victim to the room of the victim, and was living in the kitchen.

At the time, the victim's room was in a state of windows except for the shock network, and the victim was aware of the fact that the victim could go up to the door and the window because of the book and the toy kis, etc. under the window, and the defendant was well aware of the fact that the victim was frighten, and the defendant was given due attention to the victim, and the victim was demanded to close the victim's window at all times for safety from the mother F of the victim, so in such a case, the defendant, who is engaged in the rearing duty, has been obliged to fully shut down the victim's window and observe the behavior of the victim from time to time and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected it and neglected the victim in the state where the windows other than the impulses are opened, and neglected the kitchen work, and caused the victim to suffer bodily injury, such as the 6th century, by opening the impulse and falling on the ground below the 14th floor below the windows.

Summary of Evidence

1. Legal statement of the defendant 1 witness F by law;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against the defendant;

1. Application of statutes on site photographs;

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

1. An infant of 4 years of age who is not mature for sentencing under Article 62(1) of the Criminal Act.