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(영문) 수원지방법원 2016.11.18 2016노733 (1)
업무상과실치사
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B did not have any breach of duty of care due to mistake of facts, and even if the Defendants’ occupational negligence can be recognized, there is no causal relationship between the occupational negligence and the death of the victim.

Therefore, the judgment of the court below that the defendants committed the crime of occupational negligence, which affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (Defendant A, B: 10 months of imprisonment without prison labor, 2 years of suspended execution, 1 year of imprisonment without prison labor, 2 years of suspended execution) is too unreasonable.

2. The facts charged are the engineer officers of the Korea Railroad Corporation I's J branch office, the assistant engineer officers of the same headquarters work office, the defendant D, and C's service officers of the same headquarters work office.

The Defendants refer to the movement, connection, or separation of vehicles by means of force of a person to exchange, or by using a power vehicle, for the separation of defective quantities of 29 vehicles in the tracks No. 4 of the mother line, from May 24, 2014 to May 15:30, 2014, and of 29 vehicles in the tracks No. 4 of the mother line.

(Article 2 subparag. 13 of the Rolling Vehicle Operation Rules). Work was conducted (hereinafter “instant entry and exchange work”).

The entry and exchange work first connects the 16th of the train and the 17th of the train, which separates the 16th of the train and the 16th of the train, and the 16th of the connected 1st to the 16th of the train and the 16th of the connected 2nd of the course, and then separates the 3th of the defective and 16th of the train and connects the 15th and 17th of the track.

When such job substitution work is carried out, engineer officers, assistant engineer officers, and participating service personnel shall directly face in advance and consult with the entrance, and in particular, it refers to the signal of the operation of the J-Office under Article 10 of the rules on the operation of the J-Office, such as a pattern, sound, etc., and express their opinions among the relevant personnel.

(Article 76 subparagraph 2 of the Rolling Vehicle Operation Rules). The location of the rolling stock, the track condition, the vehicle in custody, and the vehicle.

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