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(영문) 창원지방법원 밀양지원 2017.08.10 2016고단390
업무상과실치상
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who is engaged in the maintenance of a motor vehicle in Hyundai Motor Vehicle D located in Gyeong-gun, Gyeong-gun.

On March 18, 2016, the Defendant: (a) at the foregoing vehicle maintenance center on March 12:58, 2016, carried the above truck to repair the vehicle at the request of the victim E (74 tax) to exchange one ton of truck engines.

In such a case, the Defendant had a duty of care to check whether there is a person around the field of the hosting work in order to prevent safety accidents, such as a remote accident, which may occur during the hosting work. However, the Defendant had the victim, who tried to open a back door from the above truck and take a pocket book, cut off on the floor on the back of the set, caused the victim to suffer from an external blood disorder that requires treatment for not less than 6 months.

Accordingly, the defendant caused the victim's injury due to occupational negligence.

2. Determination

A. In a criminal trial, the conviction of guilt ought to be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt. If there is no evidence to form such a conviction, even if there is suspicion of guilt against the defendant, the determination is inevitable in the interests of the defendant.

B. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by this court, the evidence produced by the prosecutor alone was proven to the extent that there is no reasonable doubt as to the facts charged.

It is difficult to see, and there is no other evidence to acknowledge it.

1) The vicinity of a set is the area of work of the engineers, including the Defendant, and the customers are at a distance from the set.

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