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(영문) 춘천지방법원 2015.12.04 2015고정308
과실치상
Text

A defendant shall be punished by penal detention for twenty days.

Reasons

Criminal facts

At around 10:00 on October 18, 2014, the Defendant carried and transported the damaged E (78 years of age) and the fire-fighting timber-saving trees that had the same inspection date in the front of the DY C located in Gangwon-gun, Gangwon-do, Seoul, on the cargo vehicle.

Since the weight of a fire-proof tree was difficult to mar the person mixed and many people work jointly, the person engaged in the work of loading the tree on the vehicle is obliged to check whether there is a person around the vehicle in the process and check whether there is a safe location of the person to receive the tree, and then the person to receive the tree is obliged to load the tree.

Nevertheless, the Defendant, at the above date and place, arranged the trees that the Defendant sent to the victim when loaded on the vehicle, and the victim was aware of the fact that the victim was carrying the trees in the vehicle and did not perform the above duty of care, and subsequently loaded the trees by gathering them on the ground of the victim’s failure to perform the above duty of care, and the Defendant caused the victim to suffer the thale of the first mady bones (five resin) of the right fingers that require the victim’s treatment for about six (6) weeks in accordance with the victim’s fault.

(In the indictment, the prosecutor stated that the victim's fingers are different in the trees of the defendant's company. However, considering the context before and after the indictment and facts acknowledged by the evidence below, the victim's fingers are recognized in the trees on board the defendant's carrying, and thus, the defendant's fingers are against the victim's fingers without changing the indictment). The summary of the evidence is acknowledged without changing the indictment.

1. Partial statement of witness E and F;

1. Statement of the police preparation in F;

1. Statement of prosecutor’s preparation of E;

1. Investigation report (related to confirmation on the scene of damage), and photographs of trees taken for fire extinguishing;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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