업무상과실치상등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal has credibility in the victim's statement about the fact that the defendant's Otoba is parked so low that the victim suffered bodily injury. On different premise, the judgment of the court below which acquitted the defendant about the crime of bodily injury by occupational negligence is erroneous in the misunderstanding of facts.
2. In full view of the evidence duly admitted and examined by the court below, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant suffered bodily injury due to occupational negligence, which did not safely establish an out-of-the-land boom, due to the fact that the defendant exceeded the victim, and there is no other evidence to prove otherwise.
The prosecutor's assertion is without merit. A.
If the defendant did not safely put up the off-to-land erosion, and the defendant used the off-to-land erosion, he should have the victim go on the off-to-land after the lapse of time immediately after or after the lapse of time, and the victim should have decided on the off-to-land erosion. It seems that the defendant could not hear the voice of the victim's request for hearing or aiding.
B. At the time, the Defendant was able to set up a little left part of the outer bed, but the victim was placed at the lower part of the right side of the broom immediately after the accident, it cannot be ruled out that the possibility that the broom exceeded the busb by cleaning the surrounding area of the busa while cleaning the busa, it cannot be ruled out.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.