과실치상
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. In fact, the Defendant, at the time of the instant event, committed an accident, such as the facts charged, on the wind that, while participating in the instant event, players who participated in the instant event that had been scambling with an audience seated, the Defendant was at the time of the instant event and that, as described in the facts charged, the Defendant was at the time of the instant accident.
Therefore, although the defendant was not negligent in the occurrence of the accident of this case or the result of the victim's injury cannot be viewed as the defendant's responsibility, the court below erred by misapprehending the facts charged of this case or by misapprehending the legal principles, which affected the conclusion
B. The sentence of the lower court (an amount of KRW 1,500,000) that is unfair in sentencing is too unreasonable.
2. Determination
A. We examine the judgment of misunderstanding of facts or misapprehension of legal principles, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the Defendant appears to be going back from the floor to the end of the relevant event, i.e., the Defendant’s act, as stated in the facts charged in the instant case, with a view to putting the players away from the floor to the bend, ② the Defendant’s act was conducted only by scambling, but did not properly look at the situation where other people go against the public, or going back to the hands. ③ Under these circumstances, the accident of this case occurred by putting the victim who was faced with others, and it is difficult to view that the Defendant’s act constitutes a ground for disqualification of responsibility; ④ the Defendant’s act did not constitute a victim’s act after the instant accident was conducted by the victim and had the damaged person receive treatment by getting the injured person to be treated by him.
In light of the fact that it appears to have stated, the judgment of the court below that found the facts charged of this case guilty is just.