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(영문) 창원지방법원 2020.10.15 2020노209

과실치상

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The defendant above.

Reasons

1. The summary of the grounds for appeal is not a book (the height is 2m, width is 80cm, length is 40cm) recorded in the facts constituting the crime of the lower judgment, but a relatively minor book with the width of 40cm to 50cm, length of 30cm, height of 2m, and weight of 10km.

Nevertheless, the court below found the Defendant guilty of the charge of this case on the ground that the Defendant loaded and unloaded a book as stated in the facts constituting the crime of the judgment below. The court below erred by misapprehending the legal principles, thereby affecting the conclusion

2. Determination on the grounds for appeal

A. The act of negligence in the crime of causing bodily injury by relevant legal principles does not ask a commission or omission, and the act of negligence does not need to be the only cause for the result, and in principle, it does not affect the establishment of this crime even in the case of the victim's contribution.

(see, e.g., Supreme Court Decision 2018Do11091, Jan. 17, 2019). B.

Specific Judgment

A. In light of the legal principles as stated in the judgment below, the health team and the defendant asserted the same purport as the reasons for appeal, and the court below rejected the defendant's above assertion in detail at the bottom of "the judgment on the defendant B's argument".

As stated in the court below, the facts or circumstances that can be recognized by the evidence duly adopted and examined by the court below and the court below, i.e., (1) F, G, a witness of the accident scene, stated in the court below that the defendant, in the court below, the defendant, "W" and "W" of the level of 2 meters, i.e., the defendant loaded the victim's "hump" and "wump" (Article 187, 196 of the trial record), while the witness N of the court below stated in this court that this court carried the defendant's vehicle 40cm wide, 20cm high, 160cm high, and 170cm high, and the statements of N are inconsistent with the witness F, G, and 30cm high, 30cm high, as seen earlier.