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(영문) 수원지방법원 안산지원 2016.01.29 2015고단3003
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a member of the “D kindergarten” registered in Ansan-si, Masan-si, who performs the duties of care and discipline of the invited students as a member of the Red Cross 4 Evers for “D kindergarten.”

On March 27, 2015, around 15:32, 2015, the Defendant observed a view that the victim E (3 Does) was moving from the victim E in order to provide china guidance in the class of the “D kindergarten” 4 Green 15:32.

In such cases, as a kindergarten teacher in charge of the instruction of kindergarten students, when a kindergarten teacher takes the arms of 2-3 sons in the middle to the middle of 2-3 sons, the Gu of the shoulder gate occurs easily. Therefore, there was a duty of care to care for the young children to care for the young children properly, such as the sale of the victims, and to guide the young children.

Nevertheless, the defendant neglected to do so and caused the victim to go off to the left side of the victim by cutting down both descendants of the victim who was laid down on the floor.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the period of about 19 days in charge of the left-hand side in need of treatment.

Summary of Evidence

1. Statement in part of the second police statement concerning F;

1. A medical certificate of injury and a medical certificate;

1. Requests for the recording of CCTV materials, records of the case-related photographs, and response to the request for cooperation in investigation, securing four half boxes for the love of the D kindergarten;

1. Application of Acts and subordinate statutes to a criminal investigation report (attached written opinion of a doctor in charge of medical treatment);

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Claims and determination by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. Prior to the instant case, the victimized child was frequently deprived of the brupted, and immediately complained of the pains after the brupt guidance.

The Defendant’s loss on the day of the instant case caused a debris as stated in the facts charged by exercising force to the degree of tension.

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