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(영문) 창원지방법원 거창지원 2019.11.27 2019고정14
업무상과실치상
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a child care teacher of the “C” located in Chungcheongnam-gun, Chungcheongnam-gun, and is a person in charge of the duty of care and guidance for the victim E (year 4) who belongs to the “D” group.

At around 11:31 on July 17, 2018, the Defendant had young children play the water in the slick, which is an air injecting-type simplified play facility installed in the front of the Child Care Center.

The Defendant received prior education from F, the head of a child care center, “safety rules for child care centers”, and the rules stipulate, “The Defendant, as a child care teacher, has a duty of care to prevent conflicts between young children and young children falling under the following subparagraphs in the event of any other young children falling under the slick: (a) stop using the slick; and (b) stop using the slick in the event of any other young children falling under the slick; and (c) prevent any conflict between young children falling under the slick and young children falling under the slick.

On the other hand, in the situation where the young children are getting out of the slot, and continuously getting out of it, the injured party went out to the lower slick.

At that time, there was a risk of collision with the victim when a female infant in the name of the slovad is waiting to sit on the slovad and lower the slovad, so the above slovad infant in the name of the slovad child was lower than the slovad.

Nevertheless, the Defendant neglected the above duty of care and neglected to prevent the said female baby from getting out of the sloid, or left the slick due to occupational negligence that did not move the victim under the slick back to the slick, resulting in the collision between the said female infant and the victim, thereby causing about three weeks of treatment to the victim.

Summary of Evidence

1. A witness;

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