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Defendant
A A Imprisonment without prison labor, and Defendant C shall be punished by a fine of 2,500,000 won, respectively.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
Defendant
A is a person who operates the rural experience learning center of F, the G elementary school teacher, and Defendant B is a planning teacher of the “H school” which is a after-school class during the summer school period, and is a person who takes overall charge of the progress and safety of after-school activities. Defendant C is a contract nurse of G elementary school, and is a person in charge of the duties of care instructor at the workplace of the victim I(seven years of age) in relation to the above program.
The number of students from the first to the fifth grade of G elementary school applied for after-school lessons on August 10, 2012, 88 persons who applied for after-school lessons during the summer vacation period. From around 14:00 on the same day, a log raft fastener and water play experience program was conducted on the natural river. The river was located in the place where cement beams are installed, the floor of which is sand, and the depth of which is over 1 meter in depth, and the depth of the water depth is over 50 centimeters.
In such cases, Defendant A, who is an operator of a field learning center, may change the depth from time to time according to water flow. As such, Defendant A had a duty of care to check water depth before students play water play, to establish a water play area or safety area by school year in consideration of the height of students, to have safety devices such as life jackets and life jackets, and to assign safety personnel according to participating students. Defendant B had a duty of care. Defendant B confirmed whether water play can be safely experience when 8 students live on the site in advance and do water play experience at once, and entered the safety measures such as the possibility of safety accidents and the need for the payment of safety devices such as life jackets, etc., with Defendant A, who is the F operator, and the danger zone or danger zone at the experience site.