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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.06.30 2016노1030
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: at the time of the instant case, the Defendant brought the victim to sit as a brupter from the victim’s booms in order to protect the victim’s brush with the victim’s E and brush, and thus, the Defendant’s above measures cannot be viewed as exceeding the ordinary scope to be taken under the circumstances at the time of the kindergarten teacher’s act, and it cannot be anticipated that the Defendant may have a brupted tool against the victim’s own act. Therefore, the Defendant cannot be deemed to have a occupational negligence.

Therefore, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

2. In light of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the defendant's failure to properly protect the body of a child, such as not being a party with the same son's arms as the victim, even though he had an occupational duty to guide and admonish the child, thereby causing the victim's losses to the defendant's occupational negligence. It is recognized that the defendant suffered an injury to the victim's escape from the part of the defendant's act. Thus, the defendant's assertion cannot be accepted.

A. According to the CCTV recording data, etc. of this case, it is recognized that the Defendant: (a) caused the victim’s loss on the floor by putting the victim’s hand on the floor on a net level; and (b) thereafter, it was found that the victim did not use the left part and was frequently taking the left part of the victim’s hand; (c) therefore, the Defendant’s loss and left two parts of the victim’s left part were deprived of the victim’s left part.

B. The escape of the head of the competent Gu shall be two to three years, which occurs after the completion of the Guidebal in the state where the completion of the Guidebals was transferred to the Guidebal and the head of the competent Gu was newly established.

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