(영문) 대전지방법원 2015.05.08 2014노2983 | 리걸엔진

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(영문) 대전지방법원 2015.05.08 2014노2983

과실치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the victim of the facts charged in this case, although the victim suffered bodily injury due to the negligence of the defendants, is erroneous in the misconception of facts.

2. Determination

A. A. A prosecutor of the amendment of a bill of indictment: (a) the first instance trial made a motion for the amendment of a bill of indictment to add the facts charged as seen in Paragraph (2) above, while maintaining the first instance trial as well as the first instance trial; and (b) the same was added by this court upon permission. However, the prosecutor’s argument for the mistake of facts as to the main facts in this part of the indictment is still subject to the trial of this court; (b) the prosecutor’s judgment on the grounds for appeal as to the primary facts in the indictment and the judgment on the ancillary facts added in the trial. (b) On September 14:03, 2013, the Defendants of the primary facts charged were faced with each other within “G store operated by Defendant B,” which is located in Daejeon-gu, Daejeon-gu, Daejeon-gu, and the Defendant A escaped from the store where the Defendant A was damaged, and the Defendant A was driven by Defendant B.

Since the entrance of the above store was only the one of the visitors to the commercial building, there was a duty of care to pay attention to avoid any collision with other people by checking whether there is no pedestrian who walk around the place as above, and whether there is no pedestrian who walk around the surrounding area.

Nevertheless, the Defendants neglected to do so, and the Defendant B pushed the Defendant A, who was able to drive her own, and the Defendant A was faced with the victim H (the age of 92) who was fright behind the Defendant due to its shock and had the victim go beyond the direction of the victim.

As a result, the Defendants suffered from the injury of the victim due to the joint negligence, such as the removal from the left-hand body of the mission, which requires treatment for up to seven weeks, such as the cutting of the body in the vicinity of the remains.

2. Preliminary charges.

유사 판례

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