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(영문) 대구지방법원 2016.06.01 2015노2520

업무상과실치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the instant facts charged, even though the Defendant’s misunderstanding of the fact checking all the hamblings while checking the safety sealing, there is sufficient possibility that the victim might fall if the victim was her body listed on the safety sealing. As such, although it was not clearly proven that the causal relation between “the fact that the Defendant did not confirm that the Defendant was missing while inspecting the safety sealing,” and “the fact that the damaged person fell below 12 meters,” it was not clearly proven, the court below convicted of the Defendant of the instant facts charged. In so doing, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. misunderstanding of the legal principles is a device to prevent students from falling down on their side in the event of legal principles and legal principles. As such, the Defendant could not have predicted that the three-year students of middle school with the maximum of 80km fall below 12 meters, the Defendant was guilty of the facts charged in this case, even though he was not negligent in performing his duties. In so doing, the lower court erred by misapprehending the legal principles on occupational negligence, which affected the conclusion of the judgment.

(c)

The punishment sentenced by the court below which is unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, namely, ① was attached to the right altitude of the instant safety class installed on the outer wall of the window of the class 3th class class of D middle school (at the time of a classroom, in the classroom), and the Defendant, a person in charge of the inspection of the safety facilities of D middle school, was missing, and ② was not found on May 1, 2014, and did not take any measures without finding out that one death is missing at the right right altitude of the instant safety class while conducting the safety inspection of the safety class. ③ On May 21, 2014, the victim was at the middle of the instant safety class of the instant case.