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(영문) 대전지방법원 2018.05.23 2017노3657
업무상과실치사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Examining the facts in light of the evidence such as account transaction details that the victim transferred educational expenses to the defendant around August 27, 2015, accident investigation report of the ultra-light flight device, AE representative Q Q’s legal statement, etc., even if the defendant at the time of the accident as stated in the judgment of the court below acknowledged that he was under J flight education as a school officer against the victim, the judgment of the court below that judged otherwise and found the defendant not guilty of the facts charged of this case was erroneous.

B. The sentence of the lower court that is unfair in sentencing (three million won in penalty) is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

A. On October 2013, the Defendant: (a) obtained the certification of qualifications to be a pilot of a ultra-light flight device; (b) registered as a leader at the Korea Transportation Safety Authority around May 2015; (c) was affiliated with a “FF club” under the “E”; and (d) was in charge of conducting education to obtain certification of ultra-light flight device pilot seeds in the above flight club; and (c) the victim C (51) paid educational expenses to the Defendant as a member of the above flight club and received education to obtain certification of ultra-light flight device pilot.

On November 3, 2015, at the lower parking lot located in Asan City, around 16:30, the Defendant, along with H, I, and the victim, who is a member of the above flight club, flyed to G to the front of the modern vehicle Ampia factory by using J, a ultra-light flight device, and returned to the take-off point again ( approximately 30 km). On November 3, 2015, the Defendant, in the order of I, the Defendant, H, and the victim, coming back to the front of the modern automobile Ampia factory, a large destination, and returned to the take-off place.

The defendant, as an instructor of a victim, shall establish a flight plan in consideration of weather conditions, flight hours, obstacles, the level of an trainee, health conditions, etc. before flight.

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