피고인은 2016. 12. 20. 11:35 경 위 어린이집 안 금성 반 교실에서 좌 탁에 앉아 점심 준비를 하던 중, 식기 건조기에서 막 꺼 내진 뜨거운 국그릇들을 겹겹이 쌓아 바닥에 내려놓은 후, 그 포 개진 국 그릇 중 맨 위에 놓인 국그릇 1개를 오른손으로 집어 그 바닥면을 피해자 G( 당시 3세) 의 왼쪽 안면 부위에 가져 다 대 피해자에게 약 2 주간의 치료를 요하는 ‘ 좌측 볼 부위 표재성 2도 화상’ 을 가하였다.

Judgment

As stated in the facts charged, the defendant brought a national misunderstanding on the left side of the victimized child, and as a result, it is recognized that the victimized child suffered pictures, and that the defendant made a false statement on the situation where the victimized child suffered pictures after the case, to the parents of the victimized child.

However, in light of the following circumstances, the evidence submitted alone proves that the defendant had intention to inflict an injury upon the victimized child on the part of the victimized child, without reasonable doubt.

It is difficult to see it.

① At the time of the instant case, the Defendant, a child care teacher at the childcare center, was preparing to raise the mind to the children during the occupation time, and the victimized child was seated next to such Defendant and reported on the cell phone screen.

At the time, evidence was not submitted to the effect that there was a situation that the victimized child was not in compliance with the defendant's instruction, such as obstructing the defendant's duties, and there is also a lack of evidence to prove that the defendant had a bad appraisal about the victimized child.

In light of these circumstances, there is a motive for the defendant to commit an act of causing physical pain to victimized children at the time.

It is difficult to recognize it.

Rather, at the time, the victimized child is concentrating on the cell phone immediately next to the defendant.