Defendant shall be punished by imprisonment without prison labor for ten months.

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

Punishment of the crime

The Defendant is a person who, from March 9, 2015, is engaged in the training of swimmings for the students in the swimming pool of the Sports Center of the Young-gu Incheon Metropolitan City from March 9, 2015, and as a swimming instructor, is engaged in the training of swimmings.

In order to prevent various accidents that can be caused by students during the course, a swimming instructor has a duty of care to observe the course course of students, ensure the safety of students by making rescue immediately at the time of an accident, and instruct students to use a swimming pool in accordance with the specifications and safety rules of the swimming pool.

Nevertheless, around 14:23 on June 13, 2016, the Defendant did not instruct the victim F (F, South, 8 years old, 115cm) who is a student of the Defendant’s swimming (hereinafter “F,” to wear safety equipment, such as life jackets, but did not continuously observe the students in the course of trading stocks using smartphones in an area away from the wave, and did not immediately rescue the victim, by negligence in the course of duty, and caused the victim’s death to the respiratory part (pulmonary part) caused the death of the victim, which was loaded into the water from the so-called so-called wave.

Accordingly, the defendant caused the death of the victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the police officers assigned to G, H and I, and statement of the police officer;

1. Application of Acts and subordinate statutes to autopsy reports and autopsy and appraisal reports;

1. Relevant Article of the Criminal Act and Article 268 (Selection of Punishment)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria (decision of types), death or injury by negligence, Type 3 (Special Sentencing by Occupational Negligence, Death or Injury by Gross Negligence) (Voluntary Death or Injury by Occupational Negligence), reduction area (decision of recommending punishment), reduction area, April of imprisonment without prison labor and October;

3. Sentence;