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(영문) 의정부지방법원 고양지원 2018.07.06 2018고단206
업무상과실치상
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 the head of "D kindergarten" in Kimpo-si, who is in charge of the safety and sound fostering of students, the management and supervision of kindergarten facilities, and the victim E (4) is the student of the above kindergarten.

On March 27, 2017, the Defendant, at the above kindergarten corridor around 10:50 on March 27, 2017, had the students, such as the victim, remain in his/her own seat without his/her guardian.

In such cases, the director of the kindergarten has a duty of care to keep the corridor from being slick and prevent accidents by keeping it clean.

Nevertheless, the Defendant neglected this and caused the injury of the victim due to the negligence in the course of business, which caused another source of living alone, and caused the victim who running the hallway above the hallway to take water coming into the floor, which caused the loss of the victim's treatment days due to the use of the water coming into the bottom of the water back and fall into the bottom of the side of the water back.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Complaint;

1. A certificate of hospitalization and a written diagnosis of injury;

1. Investigation report (the full-time investigation of a D kindergarten);

1. Data from CCTV of a D kindergarten;

1. Application of the certificate of employment or business registration certificate;

1. Article 268 of the relevant Act of criminal facts and Article 268 of the Criminal Act of the choice of punishment, the selection of a fine [the defendant alleged to the effect that there was no negligence on the part of the victim's neglect, or on the part of the victim's injury. However, this court has duly adopted and examined the following facts or circumstances, namely, ① the victim's hallway up with the mixed corridor and turns down the water flag on the floor, ② the other son was neglected by other sons prior to the occurrence of the instant accident, as well as the other sons and sons who passed away from the scene prior to the occurrence of the instant accident.

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