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(영문) 인천지방법원 2019.06.14 2019노107
과실치상
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

The summary of the grounds for appeal (definite and misunderstanding of legal principles) is only the fact that the Defendant shotfined the food waste finite, which is located in the boundary line front of the latter part of the DNA elementary school, and there is no fact that the Defendant was injured by walking the food waste finite as indicated in the facts charged in this case, thereby complying with the name of the victim.

In light of the facts and circumstances revealed by the lower court’s judgment as to the assertion of mistake of facts and misapprehension of legal doctrine and the following circumstances recognized by the evidence duly admitted and investigated by the lower court, the fact that the Defendant suffered injury to the victim due to negligence, such as the facts stated in the lower judgment

Defendant’s assertion is without merit.

The victim’s statement that corresponds to the facts charged in this case is relatively consistent from the police to the court of the court below, and there is no specific exaggeration about the situation at the time or its damage.

The victim was visited the hospital on the day following the date of the occurrence of the case.

Medical records at the time include that at the time of May 13, 2018, Dong Doz had a waste in front of Dong Doz around 7:0 on May 13, 2018, stating that it is "bet and hole inside the right sphering, typing, damage to sphering/sphering, and tsheshes inside the right s

The part of the injury suffered by the victim from the above hospital is consistent with the statement of the victim.

피고인도 당심 법정에서의 주장과는 달리 경찰에서는 페트병, 스폰지 돗자리, 김밥 포장재는 던지고, 음식물 쓰레기통은 발로 걷어찼다고 진술한 바 있다.

The defendant does not deny the crime of this case and did not recognize the mistake until the judgment of the authority on sentencing is made.

There was no agreement with the victim.

However, the circumstances are that the defendant's act is not about the behavior to support the food waste to the victim as a matter of waste speculation.

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