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(영문) 광주지방법원 2015.01.22 2014노647
과실치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court determined that the causal relationship between the fall of the victim and the death was unclear, on the ground that the victim was the victim’s inherent heart disease.

However, according to the legitimate evidence of this case, there is a causal relationship between the fall and death of the victim.

2. The lower court determined that the causal link between the fall and the death of the victim was unclear by comprehensively taking account of the following circumstances acknowledged by the records of the instant case. A.

As a result of the victim's autopsy, the shock level following the fall of the victim is judged to be the right light, but the victim does not seem to have suffered fatal damage that is directly connected to the life, and there is no typical opinion suggesting the victim's opinion, and the victim's direct private person seems to be the thropical heart disease (spathic and heart color) due to the high level of bropical scopic scopic scopism.

B. In light of the above, serious labor, and mountain, etc., both physical burden may be created in cases of a patient who suffers from emulculation such as a victim, while suffering from emulculation, such as emulculation, heavy labor, and mountain. However, a patient who suffers from emulculation, such as a victim, may suffer from emulculation even while performing his daily life.

C. The victim’s autopsy, which was the victim’s autopsy, could have been shocked during the process, which might occur by shocking and shocking, and even if it could have lost the center due to the pain that was caused after the heart flad, and fall vadi, it is possible that the victim might have failed to observe the directions on the roof, etc. However, the victim’s health team determined that the serious fladity has occurred during the process of his/her work, thereby losing the earth power, and falling into the aquaculture.

In a thorough examination of the records of this case, the above fact-finding and judgment of the court below are justified.

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