업무상과실치상
The judgment of the court below is reversed.
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
1. Summary of grounds for appeal;
A. In light of the fact-finding and misapprehension of legal principles, the Defendant took part in the action to obtain from the students, such as E, etc. outside the pool, and provided sufficient education on the actions and methods obtained prior to the implementation of the "acquisition by using the departure zone" by taking part in the action three times or practice, etc., and thereafter, all the students present on the day of the action take part in the practice in the order of "acquisition by using the departure zone" in the order of the "acquisition by using the departure zone", the Defendant neglected to provide the head to the students, such as E, as described in the facts charged in the instant case.
Although it is difficult to see that there was negligence of conducting practical training on “acquisition using a launch vehicle” without taking appropriate measures to prevent the occurrence of an accident or the risk of an accident or the risk thereof, the lower court, which recognized the Defendant’s injury by occupational negligence, by misapprehending the legal doctrine on the duty of care required for a swimming instructor, thereby adversely affecting the conclusion of the judgment.
B. Even if the Defendant’s conviction is found, in light of the background of the instant accident, the status and role of the Defendant, etc., the lower court’s sentence (the community service order of two years and one hundred hours of suspended execution in October) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The summary of the facts charged in the instant case is the swimming instructor of the indoor swimming pool of the Korea National Sports Center located in Busan (hereinafter “instant swimming pool”).
Unlike the facts charged on the premise that the height of about 50cc departure cost is about 50cc, as seen below, the height of departure stand measured at a lower place of 37cc, the middle part of 38cc, and the high place of 39cc.
acquisition from the departure point of origin of the State.