업무상과실치상
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In fact, the Defendant, misunderstanding of the legal principles, performed his duty of care as the former train vice head, and was not able to anticipate or avoid the instant accident, and there was no fault on the Defendant’s occurrence of the instant accident.
B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.
2. Determination
A. The judgment of the court below as to the assertion of mistake or misapprehension of the legal principles is based on the following circumstances, i.e., (i) the crew of the electric train shall carefully examine the conditions of passengers' getting and getting out of the entrance at the time of departure; and (ii) the entrance shall be closed and then the entrance shall be checked, such as the train’s engine, etc.; (iii) the entrance shall be checked; (iv) the entrance shall be checked by using monitors; (iv) the entrance shall be set off if there is no error in the entrance; and (iv) the front section of the train shall be checked 4 times from the front section of the train to the end of the platform; and (iv) the front section of the train shall be checked 4 times from the front section of the train to the front section of the train; (iv) the front section of the train shall be checked 4 times from the front section of the train to the front section of the train; and (v) the air shall be supervised by the Defendant’s new platform, other than the front section of the train to the train.