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(영문) 수원지방법원 2014.07.25 2014노571
업무상과실치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the factors of sentencing, such as the background of the victim's injury caused, degree of injury, insurance money, and the result of civil litigation, and the fact that the defendant, in particular, took charge of excessive personnel at the request of the child care center, and fulfilled the ordinary duty of care in light of the facility environment and the childcare environment at the time, the sentence of one year of suspended execution is too unreasonable in April of the imprisonment without prison labor sentenced by the court below.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment on the grounds for appeal and the defendant's assertion of unfair sentencing are also examined.

The evidence duly adopted and examined by the court below, in particular, according to the police and the protocol of interrogation of the suspect by the prosecution against the defendant, according to the defendant's each entry of the police and the protocol of interrogation of the suspect, it is recognized that the defendant, who was in charge of the defendant's possession of the son who was in charge of the crym prior to the point of view, went away from the string to string one baby who was in charge of the string of the string, and the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the accident, was not equipped with any safety device.

The defendant can expect that infants can close the toilets or close the toilets on the wind, and that the body of the infants can crepans, so if he or she has fixed the toilets in advance before he or she was taken in the toilets, he or she can prevent the accidents.

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