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(영문) 인천지방법원 2019.08.13 2019고정1354
업무상과실치상
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, who was engaged in a child welfare facility C in charge of duties such as guidance, rearing, etc. of a child at a child welfare facility C located in Nam-gu Incheon Metropolitan City, a child welfare facility, has a duty of care to carefully examine the child so that he/she is not able to do so in guiding and punishing the child.

Nevertheless, on August 6, 2018, at the above C Child Care Center around 15:26, the Defendant sent her arms to the victim who was the Defendant’s original living together with another teacher’s horse that the victim D (here four years old), who was the Defendant’s living together with another child, helps the victim die, and her own arms of the victim who refuses to take the victim’s body back to the corridor by neglecting this duty of care in order to make the victim genuine, and led the victim’s body back to the corridor, who refuses to take the victim back from the corridor to the classroom. At around 15:31 on the same day, the Defendant was led to the two arms of the victim who refused it in the course of taking the victim back from the corridor to the classroom and led the victim to the victim, and caused the victim to salvbling sponss, etc. on both sides, which require treatment between approximately two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Report on internal investigation (referring to the case of CCTV analysis at the time of the incident against trees of the C Child Care Center);

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an injury to a victimized child by negligence in the course of raising a child who is a child care teacher under the parent’s entrustment and care.

In view of the fact that the crime of this case shows that the victimized child was considerably physically and mentally shocked by the crime of this case, and that it could have a negative impact on the future growth and development of victimized child, the liability for the crime is not easy.

Until now, it shall be agreed with the victim.

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