logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.09.21 2017도9558
과실치상
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant C on the ground that there was no proof of a crime as to the injury caused by Defendant A’s negligence among the facts charged in the instant case, and sentenced Defendant C not guilty on the ground that the act of intrusion upon Defendant C constituted a justifiable act.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the facts against the rules of evidence or by misapprehending the legal doctrine on justifiable acts, as alleged in the grounds of appeal.

2. As to the grounds for Defendant B’s appeal, the lower court rendered a judgment on Defendant B’s assertion of misunderstanding of facts and misapprehension of legal principles among the grounds for appeal, and cited the notice of the result of the psychological preliminary examination.

According to the records, at the second trial date of the first trial, the prosecutor applied for notification of the result of the preliminary examination as evidence on the date of the second trial, and immediately withdrawn the application for examination as evidence on the date of the same trial.

Therefore, the lower court appears to have formed a conviction by comprehensively taking account of the evidence that was not examined, and found the fact to have been found guilty.

However, the remaining evidence duly adopted by the first instance court, which maintained by the lower court, is sufficient to find the Defendant B guilty of all the charges of this case. Accordingly, the lower court’s error in its judgment did not adversely affect the conclusion of the judgment.

Therefore, as alleged in the grounds of appeal, the lower court did not err in its judgment that found Defendant B guilty of all of the facts charged in the instant case and did not err by misapprehending the legal doctrine on presumption of innocence, 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.

arrow