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(영문) 서울서부지방법원 2020.01.21 2019고단3374
과실치상
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The Defendant is a person who resides in the Eunpyeong-gu Seoul Building C and resides in the victim D (n, 51 years of age) in the same lending.

On July 26, 2018, the Defendant had a duty of care to prevent in advance water from washing away water that is far away from stairs, since the Defendant received water from the stairs leading to the rooftop from the fifth floor of the above Bara on the rooftop, the Defendant had a duty of care to prevent in advance water washing away from the stairs.

Nevertheless, the Defendant neglected this and neglected it and caused the victim to go beyond the floor by water, which is far away from the above stairs, while the victim was string on the rooftop by negligence.

Accordingly, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to the above negligence.

Judgment

Although the defense counsel argues that the defendant and D had grounds for dismissing prosecution on the grounds that the defendant and D reached a compromise with the police arbitration, there is no evidence to deem that D expressed the defendant's intent not to punish the defendant in a clear and reliable manner, so this part of the argument is rejected.

In this case where it is difficult to eliminate the possibility of the defendant's appraisal of the damage caused by the dispute between the defendant and the defendant, it is insufficient to find that D's statement, the certificate of injury to D, the photographs of injury, D's daybook, and telephone conversations between the defendant and D's spouse alone existed at the date and time and place indicated in the facts charged. ② The degree of the physical device falls under the degree that the defendant's violation of duty of care such as the statement in the facts charged. ③ It is insufficient to find that D's statement, the certificate of injury to D, the photo of injury, D's daybook, and telephone conversations between the defendant and D's spouse.

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