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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is the owner of land B in Echeon-si, and the victim is operating a “C cafeteria” located adjacent to the above land.
The Defendant had a duty of care to check whether water can be drained toward sewage hole on the land above the stable site, and to check whether water can be drained toward the sewage hole, if the Defendant has come to stack up with a stable height by putting the embankment up for the reinforcement of his own land.
Nevertheless, the Defendant neglected this due to negligence on July 15, 2017, which led to the discharge of rainwater into a stable with no drainage on around 15:00 on or around 15:00, and caused the victim D (67 years of age, female) who was working at the “C cafeteria” ma, and caused the victim to suffer injury in need of medical treatment for three months due to the cutting of the mouth.
2. The assertion and judgment
A. The gist of the defendant and his defense counsel's assertion is that the defendant did not neglect the drainage management of the above land, and the victim's injury is not caused by the collapse of the axis, but due to the victim's mistake.
B. 1) First, as to whether the damaged person suffered injury due to the collapse of the stable, the photographic (influor page 12) taken of the location of the vegetation that was collapsed after the instant accident, it can be seen that the said block is placed in a place where there is a red wave with a fluor and a poper to the location near the victim’s restaurant.
In other words, there are tracess where soil is buried on the wall surface of a building or glass door on the position of gravel and earth and sand which are presumed to have flown together at the time of the collapse of the block and embankment on the above photograph (in the upper part of the investigation record 12 pages), so there is a high possibility that soil and gravel might be protruding up to the wall of the building at the time of the collapse of the embankment.
Considering the above, the damaged person who was rhythizing both waves from the side of the restaurant building is also in the above position.