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(영문) 대법원 2018.09.13 2018도9857

업무상과실치사등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted Defendant B on the ground that there was no proof of crime regarding the violation of the Building Act, which is the facts charged against Defendant B.

The judgment below

In light of the records, the above determination by the court below is just, and there is no error in the misapprehension of legal principles as to the scope of a violation of the Building Act and the public offering, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no evidence of objection to the remainder of the grounds of appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court, for the reasons indicated in its reasoning, continued to engage in the Defendant A’s duty of care and safety management as to the occupational and practical death and occupational and occupational injury among the facts charged against Defendant A.

After determining that there is no evidence to prove a crime on the ground that there is no evidence to determine the person, it is justifiable to dismiss a public prosecution on the grounds that the victims prior to the prosecution of this case did not want the punishment of Defendant A ex officio with respect to the occupational and practical negligence, and on the grounds that they submitted to an investigation agency a written agreement to the effect that the victims prior to the prosecution of this case do not want

In contrast to the allegations in the grounds of appeal, there is no error of law by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the violation of the duty of care in the indictment of modification of indictment, negligence, and predictability.

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

참조조문