Defendant shall be punished by imprisonment without prison labor for one year.

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

Punishment of the crime

The Defendant is the president operating the D Apartment 104 Dong 102, the “E Child Care Center” and is a person in charge of overall safety management and supervision over the original students.

On August 8, 2014, the defendant led the victim F (two years of age) who is the original student of the above child care center, and had experience of natural learning and water play in the valley located in the Sinsan-gun, Sinsan-gun, Busan-do.

At the time, the victim was only 25 months after birth, so it is impossible to distinguish the risks of safety accidents, and it was insufficient to recognize and defend the risks of safety accidents, so the defendant had a duty of care to thoroughly take safety measures so that safety accidents do not occur due to thoroughly ascertain the depth and speed of valley as a person responsible for the protection of rash children and preparing rescue plans and rescue supplies for accident prevention.

Nevertheless, the Defendant neglected this and caused the death of the victim at a point of 50 meters above the middle 1st century, where the depth reaches 10 cm (the growth of the victim at that time is about 87 cm) and the water play at a point of 50 meters above the middle 1st century, and did not take safety measures properly, and caused the death of the victim by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A death certificate;

1. Application of Acts and subordinate statutes to each field photograph, 112 report processing table, each investigation report, each internal investigation report, rescue and emergency situation report, emergency medical services log, and a copy of medical records and certificates of medical records;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (a favorable circumstances for the reasons for sentencing below) is that the Defendant, as a child care teacher, failed to perform his/her duty to safely care for the infants who are the original students, and the occurrence of a serious result leading to the death of the victims who are only two years of age.