All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. When comprehensively considering the developments leading up to the creation of the ecological learning site of this case, the depth and degree of danger, and the fact that there is no special safety regulation or facility standard, the circumstance that the defendant will be omitted by approaching the 21-month infant pond as in this case is not foreseeable. Thus, the defendant did not have a specific and direct duty to take detailed safety measures by predicting it.

Nevertheless, the court below which found the defendant guilty has erred by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence (4 million won) imposed by the prosecutor by the court below is too unfluened and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s judgment on the Defendant’s assertion of mistake or misapprehension of the legal doctrine, the lower court’s judgment did not err by misapprehending the facts or by misapprehending the legal doctrine, on the grounds that the Defendant had a duty of care to install a warning sign so that visitors may recognize the risk of omission in the ecological venue, and that the Defendant had a duty of care to install a safety pen.

(1) The ecological experience center of this case located within the D environmental business place is being implemented as a project to create a friendly environmental facility for residents-friendly, open part of the project to pay for use as a place for water environment and ecological education, and is operating the environmental experience class, etc. linked to the ecological park and insect museum located within such area.

② The number of visitors to the above insect museum in 2013 is 103,343. Among them, the number of visitors to the above insect museum in 2013 is 20,349 and the number of visitors to the above six years of age is 22,387 and the number of visitors to the above insect museum in 2013 is considerably high.

③ In recognition of the fact that D environmental project lawsuit is in the same paragraph, it seems that the play grounds are installed in the facility.

(4) An accident on the playground.