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(영문) 대전지방법원 2012.07.05 2011고단5561
과실치사
Text

The defendant shall be innocent.

Reasons

1. The Defendant, along with the victim D(60 years of age), heard a few fluences that he was killed in the vicinity of the dunasium managed by E in the vicinity of the dunasium managed by E, and went back with an electric saw, with the permission of E, in order to cut the trees to be used in boiler fire fighters.

The Defendant and the victim were first and second trees but difficult to use them in the direction that they do not want the trees, bound them to cut down in the direction that they are sublim trees, and decided to write down the trees in the direction that they are sublim trees, and the Defendant cut the third tree (hereinafter “the instant tree”) using mechanical saw.

At around 11:07 on February 16, 201, the Defendant cut the instant trees by using the mechanical saw as above, and in such a case, it was possible for the Defendant to anticipate that the tree may go beyond a certain direction due to the wide size of the gap on the saws on the saws. Therefore, the Defendant had a duty of care to sufficiently examine whether there is a person inside the saws and to evacuate to safety areas, and to work after sufficiently securing safety distance, and to prevent accidents from occurring.

Nevertheless, the Defendant neglected to use this in a direction that the instant tree is written, without any expectation on the direction that the instant tree is written, so that it would be better to use it in a direction different from the direction that the instant tree led. Although the instant tree was used differently from the direction that the instant tree led, the Defendant failed to immediately inform the victim of the fact, and followed the part that the victim was using the instant tree while the victim was able to use it.

Accordingly, the Defendant caused the victim by the above negligence on February 11, 201.

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