The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

1. Summary of grounds for appeal;

A. Three children, including the Defendant (misunderstanding of facts and misapprehension of legal principles), including the victim, have been covered by the steel cover of the ventilation Gu, and the victim felled under the exchange mechanism, and this is an unexpected accident that is ordinarily unforeseeable, so there is no duty of care to prepare against the Defendant even in such a case.

B. The Prosecutor’s (unfair sentencing)’s sentence (an amount of KRW 3 million) sentenced by the lower court is too unhued and unfair.

2. Determination

A. The summary of the facts charged is a person who works as the head of the D Sung Party in Jeju, and is responsible for the overall safety management of the buildings and building equipment of the above sexual party while working as the head of the D Sung Party in Jeju.

The depth of (Hary Area, hereinafter “Exchange”) and exhausters (Dry Area”) established in the 2nd floor street parking lot above the above Sung-party 2 was reached 3.1 meters, and the above sex parties are freely traveling to many and unspecified persons, including children. In such a case, the Defendant, who is responsible for the safety management of sexual parties, has a duty of care to prevent the occurrence of an accident by setting up a metal cover covering the above exchange system, setting up a warning phrase to the fall risk, preventing children’s access by installing an approach gate, preventing children from taking safety inspection on a regular basis, etc.

Nevertheless, the Defendant, from around 18:20 on August 2, 2014 to around 18:30 on the same day, neglected to perform the above duty of care and did not install a steel cover cover covering device, and did not install a warning phrase or safety gate, etc. that restricts access, and the victim E (V, 7 years old) due to occupational negligence, which did not conduct safety inspection on the said ventilation section at all, and the victim E (V, 7 years old), along with the name-free male’s children, went away from the above steel cover cover structure and went under the bottom of 3.1 meter.