1. Defendant A shall be punished by a fine of two million won against Defendant A.

Defendant

A does not pay the above fine.

Punishment of the crime

Defendant

B is a person in charge of the education, life guidance, safety management, etc. of the originals of the child care center (hereinafter referred to as “child care center in this case”) at the Busan Gangseo-gu building, Busan, and Defendant A is a child care teacher for a victim G (n, 3 years of age; hereinafter referred to as “victim”) belonging to the said child care center, who is in charge of the duties of care for the victimized children and guiding the victimized children.

The Defendants are “2015” as the facts charged in 2016, but it is apparent that the instant accident occurred in 2016, and it does not seem to interfere with the Defendants’ exercise of their rights to defense by recognizing such circumstances without the amendment process. Accordingly, the Defendants are recognized as indicated in the facts charged.

5. 4. 피해 아동을 비롯한 이 사건 어린이집 2~4 세까지의 영 유아 원생 17명과 함께 양산시 H에 있는 딸기밭에서 현장체험학습을 마치고 그날 12:30 경 인근에 있는 ‘I ’으로 이동하여 그곳에 있는 정자( 亭子, 이하 ‘ 이 사건 정자 ’라고 한다 )에 올라가 점심을 먹기로 하였다.

Although the height of the static located in the instant case is about 310 cm, the facts charged is about 310 cm, it is apparent that the static person is located above 310 cm above the ground, and such circumstance is recognized without the process of amending the indictment, and it does not seem to hinder the exercise of the Defendants’ right to defense. Accordingly, it is recognized as stated in the above facts charged.

Defendant A, who is a teacher of victimized children, has a duty of care to prevent accidents, such as falling of victimized children, etc., and Defendant B, as the head of the above childcare center, has a duty of care to ensure that the distance between the rail support unit installed in the sperm is about 46 cm and the wind is very difficult to see it properly at the time, and the risk of falling is difficult to see it.