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(영문) 대법원 2019.05.30 2019도1019

업무상과실치사등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the prosecutor, the lower court, on the grounds indicated in its reasoning, acquitted the Defendant on the ground that there was no proof of crime regarding the occupational injury or death among the facts charged in the

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on causation of occupational death.

2. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of the charge of occupational injury and bodily injury included in the instant facts charged and of violation of the Medical Service Act, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on causation of injury by occupational negligence and “the false preparation of a medical record book” under Article 22(3) of

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.