(영문) 울산지방법원 2018.01.26 2017고정635

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(영문) 울산지방법원 2018.01.26 2017고정635

과실치상

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, at around 13:00 on August 28, 2016, around 13:00, the third floor elevator of modern department stores in Ulsandong-dong-dong-dong, where he either fluords or moves hot coffee inside an elevator with many people, he/she shall close the lid for the safety of others and safely move the lid to the instant cup, regardless of whether the coffee flows over or not, and in the instant case, he/she has a duty of care to safely prevent the occurrence of danger by safely putting it in his/her hand. However, despite the fact that he/she neglected to do so, the Defendant, while trying to take it in his/her hand and trying to take it out, and he/she suffers from the Defendant’s injury except for the victim C (the victim (the victim 41 years old and the victim 41 years old and the victim 14 years old and the victim excluding the victim’s right hand over, and suffered the victim’s injury during the instant treatment.

Summary of Evidence

1. A statement in court to the effect that the victim has come to go through a coffee as decided by the defendant at the date and place;

1. The legal statement of the witness C;

1. A written diagnosis of injury;

1. Each investigation report (No. 13 and No. 14);

1. Determination as to the assertion by the Defendant of CCTV and his defense counsel

1. At the time of the instant assertion by the Defendant and his defense counsel, the amount of coffee, which the Defendant got, was extremely small, and the temperature of coffee was not high to the degree of harming the body of a person, so that the victim was less likely to incur bodily injury. Even if the victim suffered some parts of the body, it does not constitute a crime of causing bodily injury by negligence.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the fact that the injured person suffered the injury due to the coffee set forth in the judgment is sufficient for the crime of this case.

유사 판례

-대전지방법원 공주지원 2018.09.07 2018고단216

-부산지방법원 동부지원 2017.05.18 2017고정130

-대전지방법원 2015.06.11 2014고정1854

-서울중앙지방법원 2015.08.28 2015노2342

-대구고등법원 1982. 5. 25. 선고 81구109 판결