Elementary Student Running Stopped, Suffers Concussion... After-School Care Teacher Fined

Court: "Circumstances after the crime are unfavorable, including telling the victim's parents a different account of the accident"

A 50-year-old elementary school after-school care teacher who restrained an elementary student running around, resulting in a concussion, was sentenced to a fine in the appellate court.
[Image source=Yonhap News]

[Asia Economy Reporter Kang Woo-seok] A 50-year-old elementary school after-school care teacher who caused a concussion while restraining a running elementary school student was sentenced to a fine in the appellate court.

The Daejeon District Court Criminal Division 2 (Presiding Judge Choi Hyung-cheol) on the 21st dismissed the appeals of A (57, female), who was indicted on charges of professional negligence causing injury, and the prosecutor, maintaining the first trial's fine of 5 million won.

A is accused of grabbing the jump rope held by the victim child B (6), who was going up to the second floor at an elementary school on the afternoon of April 3, 2018, to take her to the after-school care room, causing B to fall backward and hit her head on the floor.

B was reported to have suffered a concussion with an estimated recovery period of about two weeks.

In the first trial, A claimed that she grabbed the jump rope to organize it, but B suddenly ran off, causing her to fall, and that she could not have foreseen the accident, thus denying negligence.

However, the court judged that since B was running around holding the jump rope and fell backward after A grabbed the rope, the accident was reasonably foreseeable, and sentenced A to a fine of 5 million won.

Regarding the charge of violating the Child Welfare Act (child abandonment and neglect) raised by the prosecution, the court ruled that A's actions could not be considered neglect prohibited by the Child Welfare Act and that there was no evidence to support the charge, thus acquitting her.

Both A and the prosecution appealed the first trial's verdict. The appellate court stated, "The defendant gave false accounts of the accident circumstances to the victim's guardian, showing unfavorable behavior after the crime. However, there are no new mitigating factors or changes in circumstances to reflect in sentencing at this trial. The first trial's judgment is within reasonable limits and cannot be considered excessively harsh or lenient."

This content was produced with the assistance of AI translation services.