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(영문) 의정부지방법원 2018.02.01 2017노3104
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant only carried out a horse on the alley, the bridge, and the bridges and the bridges against which the victimized person complains of the pain on June 20, 2016, and there was no boom on the upper part of the body that could be shocked into the bones or the chest.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. The lower court also asserted the same purport as the above grounds for appeal.

In full view of the circumstances stated in its holding, the lower court rejected the Defendant’s assertion on this point by viewing that the Defendant was aware that he had inflicted an injury on the victim as stated in its holding.

In light of the following circumstances, the lower court’s duly admitted and investigated into the circumstances indicated by the lower court, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., the victim was inside the body of the Defendant on June 20, 2016.

A consistent and clear statement (No. 45 of the trial record, No. 31 of the evidence record) and, at the time, why the defendant was able to treat the pain of the pelvis.

“The victim’s question asked the victim that “in order to alleviate the pains of the upper half, the victim must immediately write down the upper half.”

2. The victim made a statement and specifically explained the reasons why the victim was inside the upper part of the body (the 60th page of the evidence record), and 2. The victim was aware of the part of the tideland near the date on which the defendant was injured.

The statement on the part of the injury is also detailed (49,50 pages of the trial record), ③ the defendant, at the police investigation stage, and at the time of the accident, it is recognized that the victim complained of the victim's pain on the day of the accident, etc. (the page 62 of the evidence record), ④ the defendant, at the front part of the body, the bones of the body, and the part in which the victim suffered the injury.

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