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The judgment below
The part against the defendant shall be reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
(a) The principal of a child-care center that was the victim who died of the accident in this case of mistake of facts shall assign the underwriting teacher to the lower point of the school bus;
Although it is difficult to view that a guidance teacher for school bus has a duty of care to prevent vehicle guidance twice, and the defendant has a duty of care to thoroughly ensure safety in leading the drivers and guidance teachers of the school bus using the school bus, and even though the guidance teacher has fulfilled his duty of care given to the defendant, the court below found the defendant guilty of the charges of the defendant on the ground that the defendant violated his duty of care as stated in its reasoning and violated his own decision.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (the eight months of imprisonment without prison labor, the two years of suspended execution, and the community service order 200 hours) is too unreasonable.
2. Determination
A. The summary of the facts charged is that the Defendant is the president of the “L Child Care Center” located in Chungcheongnam-gu Seoul Metropolitan Government from August 14, 1997 and is responsible for the safety management of the child care center.
On March 26, 2013, around 09:10 on March 26, 2013, the Defendant wanted the Victim N(N) to go to a school bus for children belonging to a child care center.
However, at the same time, there is no exclusive parking lot for children to enter the above childcare center, so infants and children were set up in front of the childcare center to enter the childcare center, and there was no rail between the road and India at the place where infants and children are set up.
In order for infants to enter a child-care center, approximately 23 meters of the area is moving to a Do newsletter, and it is about 10-14 cm high.