업무상과실치상등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of seven million won.
The defendant does not pay the above fine.
1. A summary of the grounds of appeal 1) misunderstanding the facts concerning the injury caused by occupational negligence, and misunderstanding the legal principles, the Defendant was not a person engaged in the operation of the sofacing season, but merely caused the victim from the blind spot by lowering the facing of the iron bar while conducting the operation of cutting the facing of the iron system.
2) The punishment sentenced by the lower court (six months of imprisonment, two years of suspended execution, and community service order) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The prosecutor applied for changes in indictment in exchange for the facts charged at the trial of the party, and the judgment of the court below can no longer be maintained since this court permitted changes in the subject matter of the trial.
However, there are reasons for reversal of authority, but the defendant's assertion of mistake and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.
3. “Duties” in the judgment of the lower court as to the Defendant’s misunderstanding of facts and misapprehension of legal doctrine refers to duties continuously engaged in as a single position in the aspect of people’s social life. This includes not only the duty to take safety consideration, but also the duty to prevent risks to people’s lives and bodies, since the duties performed themselves are dangerous (see Supreme Court Decision 2006Do3493, May 31, 2007). The Defendant is able to look at the same life in the police.
The purpose of this case is to find out the use of the so-called so-called so-called so-called so-called the so-called so-called “the so-called “the so-called “the so-called” in this case.
From September 2013, from around 2013, Dongin had been engaged in the transportation and loading of biters, flagers, agricultural machinery, etc. on bitr vehicles.
“The investigation record was 23 to 28th page). Examining these statements in light of the legal principles as seen earlier, the number of crypters.