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(영문) 대법원 2017.09.12 2017도9142
업무상과실치상
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court’s judgment that found Defendant B guilty of the instant facts charged (excluding the part not guilty of the grounds for appeal) on the grounds indicated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the violation of the duty of care in the crime of injury

2. Examining the reasoning of the lower judgment on the grounds of appeal by Defendant C and I, in light of the evidence duly admitted, the lower court was justifiable to have determined that the Defendant C and I were guilty of the instant facts charged (excluding the part not guilty of the grounds for appeal) on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the crime of causing bodily injury by duty and the crime of violating the Industrial Safety Act

3. Examining the reasoning of the lower judgment as to Defendant E’s grounds for appeal in light of the evidence duly admitted, the lower court’s determination that Defendant E was guilty on the grounds indicated in its reasoning is justifiable.

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

4. As to the appeal by Defendant H Co., Ltd., Defendant H Co., Ltd., Defendant H did not submit a written reason of appeal within the period for submission of the written reason of appeal. Defendant H Co., Ltd.

5. As to the grounds for appeal against the Prosecutor’s Defendant B, C, and D, the lower court, on the grounds as indicated in its reasoning, stated in its reasoning, “the installation of new materials at the time of the establishment of a first floor ground system Dongbane among the charges against Defendant B and C,” and “the first floor ground.”

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