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(영문) 수원지방법원안산지원 2020.12.01 2020고단2728
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a teacher of B elementary school, and the victim C is a student of B elementary school.

On June 7, 2018, the Defendant, at around 12:40, moved into a corridor, containing hot coffees in the third floor of B elementary school located in Ansan-gu, Ansan-si. D.

At the time elementary school occupation time and its place was frequently coming from the corridor of the toilet neighborhood, so the defendant was an elementary school teacher who needs to protect the students, and when the corridor passes through, he has a duty of care to prevent the occurrence of accidents due to the high risk of collision with the students who go through the toilet and the classroom.

Nevertheless, the Defendant neglected to seal it as a cover and did not seal it with a cover so that it could easily be cut up to the right side of the victim, compared with the victim who sawd with a hot coffee from the toilet to the classroom, and caused the victim to scam and scam on the right side of the victim, and caused the victim by negligence to scam the scam of the depth of the body 2 degrees in the treatment days and the core image of the upper right side.

2. The facts charged in the instant case are crimes falling under Article 266(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 266(2) of the Criminal Act.

However, according to the records, it is recognized that the legal representative of the victim after the prosecution of this case expressed his intention not to be punished against the defendant, so the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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