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(영문) 서울남부지방법원 2018.07.12 2018고정215
과실치상
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a teacher in the fourth grade of the elementary school B, and the victim C ( South and 12 years of age) is a half of the elementary school.

On June 7, 2017, at around 11:50, the Defendant: (a) was in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) at the sixth-year-4-class class of the second level of the second level of the second level of the elementary school B, the victim was deprived of the victim’s arms and was towed by the first level of the school room; and (c) the victim was deprived of the victim’s arms in front of the school room; and (d) during that process, the Defendant was deprived of the locks of the school room, etc. from the Defendant’s body.

At this time, the Defendant: (a) was able to catch the body of the victim and set the lock away from one hand; and (b) at the time, the victim was laid down with his body in order to not enter the school room; (c) so if the object is laid up, the victim should have confirmed the location of the victim and safely removed the object; (d) but not negligent in doing so, the Defendant was faced with the lock by the negligence of cutting off the locked with the victim so that the victim could not know the treatment period; and (e) the victim was suffered from the locked so that the victim could not know the treatment period.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A photograph of parts of the victim's body;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 266 of the Criminal Act applicable to the crime, Article 266 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the Defendant and the defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit

1. As the defendant and the defense counsel did not have any unexpected accident, the defendant and the victim did not have any possibility of breach of duty of care and forecast.

The argument is asserted.

In light of the circumstances surrounding the accident that can be recognized by the records and evidence of this case, the school affairs room shall be established.

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