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(영문) 대법원 2015.10.29 2014도9298
업무상과실치사
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that Defendant A was guilty on the grounds indicated in its reasoning is acceptable.

In so doing, 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 duties of care in the course of medical practice.

2. As to the prosecutor’s grounds of appeal, the lower court reversed the first instance judgment convicting Defendant B of the facts charged in this case on the grounds as stated in its reasoning and sentenced Defendant B not guilty.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the law of logic and experience or by misapprehending the legal doctrine on occupational negligence and causation in the crime of occupational death, contrary to what is alleged in the grounds of appeal.

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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