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(영문) 수원지방법원 2020.12.11 2020노3045
업무상과실치상
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the prosecutor appealed on the whole judgment of the court below on the ground of mistake of facts and unreasonable sentencing, the "reason for appeal" in the petition of appeal submitted by the prosecutor only states that " there is an error of mistake of facts and of unfair sentencing in the court below which acquitted a part of the facts charged," and does not state a specific reason on the grounds of appeal, and the appellate brief also states that "the appellate brief is not guilty of some of the facts charged," which only states the purport of the judgment of the court below which rendered an excessive sentence, and there is no statement on the grounds of unfair sentencing as to the convicted portion among the judgment

Therefore, it cannot be deemed that the judgment of the court below stated the legitimate grounds for appeal on the guilty portion in the judgment of the court below (see, e.g., Supreme Court Decision 2020Do2795, Jul. 9, 2020). As long as the prosecutor rejected the prosecutor’s assertion of mistake of facts as examined below, the court below cannot deliberate and determine whether the sentencing on the guilty portion is unfair either ex officio or ex officio by the prosecutor’s decision on the grounds for

(Disguilty part of the lower judgment) According to the evidence of this case, such as the medical certificate of Ksung and medical doctor L, stating that “it is necessary to provide medical treatment for the passage of the six-month period after the future and reflect management,” the lower court determined that the victim suffered an injury necessary for medical treatment for about six months due to the Defendant’s occupational negligence. However, the lower court erred by misapprehending the facts, thereby causing an injury required for medical treatment for about forty-nine days.

Judgment

A. The summary of this part of the facts charged (not guilty part of the judgment of the court below) is the date and time stated in the facts charged in the judgment of the court below, and the victim's knee-Hee-He-He-He-He-He-He-He-H

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