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(영문) 광주지방법원 2017.01.25 2016노4550
업무상과실치상
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendants (1) misunderstanding of the legal principles (C), there is a relation between the negligence of the Defendant and the result of the victim’s injury.

subsection (b) of this section.

(2) The punishment sentenced by the lower court to the Defendants (i) 8 months, (ii) 6 months, and (iii) Defendant C: 2 years, a suspended sentence of imprisonment without prison labor for 5 months) are too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, it is necessary not only to have a causal relationship between the actor’s negligence and the occurrence of the result, but also to have the only cause for the occurrence of the result by the actor’s negligence. If the actor’s negligence is a simple condition located far from the occurrence of the result, or is a condition that causes a significant causal relationship between the actor’s negligence and the result, it may be acknowledged that the offender’s negligence is established.

In light of the following circumstances revealed by the evidence duly admitted and investigated by the court below, the victim's result of the injury in this case was caused by the defendant's negligence and negligence A and B.

As such, the relationship with the person can be recognized.

Therefore, the defendant's above assertion is without merit.

① At the time of the instant case, the Defendant, as a senior teacher of the instant kindergarten, was in charge of identifying the list of kindergarten students who wish to participate in the after-school program and whether they used school vehicles and confirming whether they have attended the school during the school period.

② As above, requiring the kindergarten teachers to verify whether the kindergarten students have attended the school is safe attendance of the kindergarten students who have left the protection of the person with parental authority, rather than simply preparing for the class, teaching materials, meals, etc. of the kindergarten students, and the students who have left the school in the process.

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