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(영문) 수원지방법원 2020.10.08 2020노3988

과실치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not involve any other cause except the Defendant’s first-hand spraying in receiving the same injury as that indicated in the facts charged, so the causal relationship between the Defendant’s first-hand spraying and the victim’s injury may be fully recognized.

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

2. Determination

A. On June 20, 2019, the Defendant: (a) spreaded the first chemical around the electric source house owned by the Defendant located in the G, Sungsung City on June 20, 2019; and (b) spreaded the first chemical in the dry field owned by neighboring victims C; and (c) spreaded the first chemical in the dry field owned by neighboring victims C; and (d) laid the first chemical in the molecule tree and the heat.

Around June 23, 2019, the Defendant had the victim, who was unaware of such fact, performed dry field work, followed molecular heat, and caused the victim to suffer injury, such as dynasium, which requires medical treatment for the number of days.

B. The lower court determined, based on the evidence in its reasoning, based on the following facts: (a) the Defendant spraying the first agents at the place indicated in the facts charged on June 20, 2019; (b) the victim did not have been tightly finished from the molecule tree of this case on June 23, 2019; (c) the victim was receiving hospital treatment due to pain of the molecule hole around June 24, 2019; and (d) received hospitalized treatment from the same day until June 27, 2019 from the same day; (b) the lower court acknowledged that the first agents sprayed by the Defendant to the molecule of this case on July 22, 2019, the possibility that the victim suffered damage to the first molecule by the Defendant on July 23, 2019, while excluding the possibility that the victim suffered damage to the first molecule of this case by spraying the instant molecule.