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(영문) 서울중앙지방법원 2017.02.01 2016고정2098
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. On September 25, 2015, around 11:18, the Defendant had a duty of care to check whether there is no person who will pass the fingers in the future, and to check whether there is any person who will pass the fingers, and to check the front left and right around the fingers, of which the Defendant is obliged to transport the fingers by using the fingers around the central passage of Jongno-gu Seoul Metropolitan City D market.

Nevertheless, the Defendant neglected this and loaded a large number of raw materials to the knife, and neglected the duty of the knife in the knife, and caused injury to the victim E (nife) by the negligence of neglecting the duty of the knife in the knife, which led by the Defendant, and collision with the knife that of the knife, thereby causing about three weeks of treatment to the victim.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value sufficient to have a judge conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see Supreme Court Decision 2002Do5662, Dec. 24, 2002, etc.). (B) According to the evidence duly examined by the court of this court, even if the loss of the plaintiff's towing team conflict with E, even if the loss of the plaintiff's towing team was caused by the collision with the victim's full right course, thereby making it difficult for the court to treat the victim as stated in the facts charged, but on the other hand, according to the following circumstances acknowledged by the above evidence submitted by the prosecutor, the evidence submitted by the prosecutor was sufficient at the time to treat the victim as the right leg, the natural injury or deterioration of the evis, as stated in the facts charged.

The recognition is insufficient and otherwise recognized.

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