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(영문) 대구지방법원 서부지원 2017.02.03 2016고정939

업무상과실치상

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who works as a child care teacher at the "D Child Care Center" located in Daegu Seo-gu C.

On March 10, 2016, the Defendant found the victim E (2) in the child care center located in the above child care center and tried to take away from this son E (2) and move back the victim to another son.

In such cases, inasmuch as a child who has not been physically mature may inflict bodily harm on his/her body when external force is operated, there was a duty of care to deal with the child by taking a careful care, such as with due care in regulating power so that he/she does not lose his/her arms when he/she takes a child's body.

Nevertheless, the defendant neglected the above care and did not properly regulate force, and caused the victim to suffer bodily injury due to the negligence of cutting the victim's arms, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F (including a medical certificate attached thereto);

1. Application of Acts and subordinate statutes to a investigative report (to attach CCTV video data);

1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the first offense, mistake and reflectability, the degree of negligence in the course of business is not much serious, and the victim deposits KRW 2.5 million for the victim);