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(영문) 서울동부지방법원 2017.11.22 2017고단2820
업무상과실치사
Text

The sentence of imprisonment shall be suspended.

Reasons

Punishment of the crime

The Defendant works as social service personnel at a private school, a special educational institution, established for the education of students with physical disability and intellectual disability, and assists in school life by taking full charge of net C (at the time, 10 years of age, 20 years of age, 10 years of age, and 2 years of age) who was enrolled in the second year of the above school.

Defendant at the time as a member of the community service in the network C, who is a student of the second grade of the above school, was a physically disabled person of the age of 1.4 years in society, 6 months in prison language, and 5 months in the language age of expression, so it is impossible for the Defendant to walk alone. The Defendant has a duty of care to assist with detailed meals, such as helping the students to live well in the student’s condition, and to pulverize and drink food with strong food or grent nature, because it is possible to do so.

Nevertheless, the Defendant, at around 12:00 on June 2, 2016, brought wheel chairs in front of the B-school restaurant in Gangdong-gu Seoul Metropolitan Government, brought about a food board containing the heart meals, and neglected to perform such occupational duties and left other students’ food board as a temporary abandonment of the above victim C. As such, the Defendant left the above victim C so that the said victim C can take the food board as it is, thereby preventing the said victim from spreading back to the hospital, and received treatment, but at around 01:11 of the same month, the Defendant died with the labic lab.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the statement protocol;

1. Article 268 of the Criminal Act;

1. As stated in the facts constituting a crime of sentencing of Article 59(1) of the Criminal Act (one million won of a suspended penalty, one hundred thousand won of a day of attracting a conversion) of the suspended sentence, the Defendant is an initial offender, and the Defendant is the first offender, where the Defendant had the awareness of other students and did not comply with it at all times, and the bereaved family members do not want punishment upon cancellation of the complaint (hereinafter “in the manner of wishing to bring an opportal face of a baby”), and the Defendant is the first offender.

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