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(영문) 수원지방법원 성남지원 2016.09.30 2016고정767
업무상과실치상
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates child care facilities under the trade name of ‘D Child Care Center' in Sungnam-si, Manam-si.

The defendant around 16:01 on May 2, 2015, the defendant was entrusted by the guardian on the second floor of the "D Child Care Center", and the victim E (1) who is an infant was cared with other infants.

The defendant, who is a person operating child care facilities, has a duty of care to install devices to prevent accidents since infants with weak safety awareness from the second floor stairs, and to ensure that the child care teachers under his/her jurisdiction have a duty of care to provide infants with infants at a safe place or to see them at all times.

Nevertheless, the Defendant neglected this and did not take measures to supplement the safety that prevents infants from getting out of the second floor to the first floor on the ground of repair. At that time, the three-year old infant care teachers moved to the second floor and provided infant care for the second floor on the second floor on the ground that the two-story infant care teachers were taking care of the second floor on the ground that the two-story infant care teachers were taking care of the second floor on the second floor on the ground that the two-story infant care teachers were taking care of the second floor on the second floor, but did not take any additional measures to supplement it, the victim was negligent in taking care of the other infants, while the victim moved to the second floor through the entrance of the second floor on the second floor on the ground that they were moving.

Ultimately, the Defendant suffered injury to the victim, such as the number of days of treatment, due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant (the purpose of recognizing facts);

1. A protocol concerning the examination of suspect of some of the police officers against the accused (four pages from among the protocol concerning the examination of suspect, and four pages from among the protocol concerning the examination of suspect);

1. Statement made by the police with regard to F;

1. G statements;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to on-site photographs, USB (on-site images, motion pictures, and photographs);

1. Article 268 of the Criminal Act applicable to the facts constituting a crime and Article 268 of the choice of punishment.

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