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(영문) 창원지방법원 2016.11.16 2016노2024

과실치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of legal principles on the charges of this case on the grounds that the court below acquitted the Defendant on the grounds that the duty of care to look at the surrounding areas before a golf wing was fully acknowledged in the provisions inside the golf driving range, and that it cannot be acknowledged that the Defendant did not have the duty of care to look at whether the Defendant was a person who would look at the wing wing in another place in the provisions inside the golf driving range.

2. In full view of the facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court is just and acceptable to have determined that the duty of care to examine whether the Defendant was a person to supplement the subsequent wing practice in the regulations on the golf practice range, and there is no violation of law by misapprehending the legal doctrine as pointed out by the prosecutor, which affected the conclusion of the judgment.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.