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(영문) 대법원 2019.05.30 2019도4081
업무상과실치사
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found Defendant B guilty on the grounds that there is no proof of crime, and sentenced Defendant B not guilty.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on occupational negligence and causal relationship in the crime of occupational death.

2. As to the grounds of appeal by Defendant C, the lower court convicted Defendant C of the occupational negligence resulting in death among the facts charged against Defendant C, on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on causation with occupational negligence in the crime of occupational death.

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

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