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(영문) 서울중앙지방법원 2015.11.26 2015고정3020
과실치상
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is an instructor who teaches elementary school students at a D private teaching institute located in Seocho-gu Seoul Metropolitan Government C Apartment Building.

On April 24, 2015, at around 16:25, the Defendant continued to demand that the victim take lessons from another classroom to another classroom on the ground that the victim took lessons from the first floor lecture room of the pertinent private teaching institute against three students, including the victim E (the age of 11), etc., who is a student, but the victim refused to take lessons, the Defendant continued to demand that the victim take down the upper part of the front part of the victim who was seated.

In such cases, the defendant who is responsible for the safety of young students in his/her lecture room has a duty of care to ensure that the victim's refusal to take place at his/her will and is pushed about or her will in the situation where he/she continues to take the attitude in light of the victim's physical strength, behavior patterns, and the qui of his/her will and his/her own conference, etc., he/she could have been able to sufficiently predicted that he/she might be faced with the wall because he/she might be pushed over from his/her will and face with the wall.

Nevertheless, the Defendant neglected this and caused the victim's head to be faced with the wall string, so far as long as it is difficult to catch and rear the above string of the victim, the victim's head was left behind together with the speaker, and the victim's head was faced with the wall string.

In the end, the Defendant, by the above negligence, inflicted bodily injury on the victim, requiring medical treatment for about one week.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (field photographs and statements of victims);

1. Relevant Article 266 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. 50,000 won of a fine for negligence, the sentence of which is suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence

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