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(영문) 춘천지방법원 강릉지원 2017.03.21 2016노520
과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

가. 피고인과 피해자는 이 사건 사고 직전 작업을 마치면서 전동 커터 기의 전원을 껐는데 전동 커터 기가 관성에 의하여 돌아가고 있었다.

In this situation, the accident of this case occurs where the injured person moves away from the floor in order to remove the trees from the floor by the dracker.

Therefore, there is no negligence on the defendant.

B. The sentence of the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the lower court.

The court below rejected the above argument in detail under the title of "the judgment on the defendant's assertion". In light of the records, the judgment of the court below is just.

In particular, due to the instant accident, the entire part of the victim's right hand hand hand can be clean and well-shacked down immediately adjacent to the electric hacker, and it seems difficult to lead to the occurrence of such a result due to an accident in which the victim's hand hand hand handbs or the retail of clothes was carried out due to the nature without the supply of electric power source.

This seems to be the result of the wind of the defendant to operate the sawer and to take it down under the condition below the saws like the victim's statement (F medical treatment of the victim immediately after the case). In the end, there is an error of law by misunderstanding facts in the judgment of the court below that affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the judgment of the court below.

subsection (b) of this section.

B. As to the wrongful argument of sentencing, the Defendant is trying to recover damage even though he denies and does not reflect the instant crime, and the result of damage is severe.

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