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(영문) 울산지방법원 2020.10.30 2020노618

과실치상

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In so determining, the court below erred by misapprehending the legal principles or misapprehending the legal principles, which found the defendant liable for the bodily injury caused by negligence, even though there is no causation between the victim's injury and the defendant's negligence.

B. The sentence imposed by the court below on the defendant (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles as follows acknowledged by the evidence duly adopted and investigated by the court below: (i) the victim made a statement from an investigative agency to the court of the court below to the effect that as the victim's openings were consistent from the investigative agency to the court of the court below, and that he was unable to give a neck to his opening; and (ii) the defendant made a statement to the effect that she was unable to report her openings to her openings, but she was in the state of leaving her openings to her openings, and thus, she did not go beyond her openings due to the victim's opening. However, even according to the defendant's statement, she was unable to report her openings when the defendant was under the influence of her openings, and thus, the defendant did not appear to be the victim (Article 24 of the evidence record) and that the defendant's statement was partially contrary to the victim's testimony at the time of witnessing, the defendant did not have a duty to accurately respond to the victim's statements at the scene.