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(영문) 창원지방법원 밀양지원 2017.11.02 2017고단150
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) was the president of the D’s home located in Gyeong-gun, Gyeong-gun, Gyeong-gun; (b) was a person who cares for infants; (c) was responsible for the overall management of infant care teachers and infants of the said childcare center; and (d) was under childcare by organizing the victim E, for whom eight months have passed after his/her birth, and was organized

On January 4, 2017, the Defendant, at the above child care center around 14:50 on January 4, 2017, she was able to sleepd on the part of the victim after eating about about 200cc oil.

In this case, infant care teachers who manage infants have the possibility of maleing the baby while serving the baby through food, so infant care teachers, despite the duty of care to observe the baby's attitude continuously, left around about 30-40 minutes to clean the child care center, such as garbage separation and removal, and left the place to observe the victim, and caused the victim to male the baby while leaving the place through food.

Ultimately, due to the above occupational negligence of the defendant, around January 4, 2017, at I Hospital around January 16:14, 2017, the defendant caused the victim's bodily death by the inhalement of earth and things.

2. A person who establishes and operates a child-care center violating the Infant Care Act for infant care of infants shall establish and operate closed circuits for the safety of infants, and shall not arbitrarily manipulate closed circuits, or neglect other places;

Nevertheless, from March 1, 2016 to January 4, 2017, the Defendant, at the lower end of the above childcare center, opened in the lower end of the closed circuit television camera, let it cover the front part of the above childcare center in a paper, thereby leaving another place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, and H;

1. A death certificate, a report on the results of field identification, and a report, site, and a corpse photograph;

1. Responses to appraisal;

1. Domestic investigation reports (as to the verification of CCTVs in D Child Care Centers), [In full view of the following circumstances known by the aforementioned evidence, this shall apply:

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