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(영문) 춘천지방법원 2018.10.26 2017노868
업무상과실치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The instant accident was entirely caused by the victim’s negligence. However, the Defendant’s negligence caused the instant accident on the sole ground of the victim’s legal statement, etc. falling short of credibility.

The judgment of the court below is erroneous in finding facts.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In addition to the circumstances revealed by the court below, the following circumstances found by the evidence duly adopted and examined by the court below, i.e., ① the victim was placed on the upper part of the defendant, even if the defendant was not in a situation on the upper part of loading a tree, and thereby, the defendant was removed from the opening of the investigation, and the defendant was found to have been removed from the top of the truck to the lower part to the effect that "the defendant was removed from the lower part to the lower part to the lower part to the lower part to the end to avoid this accident," ② The medical records of the J Hospital established on the day of the accident, also stated that "the defendant was deprived of the tree while getting out of the fixed truck work before the accident," and the defendant appears to have stated the above contents in the medical records "after addition to the above contents at the victim's request," but the victim's defense counsel was prepared at the first 25th of the first 6th 16th 20th 6th 14th 6th 201.

There is no basis for seeing.

In the upper part of the record book, the first medical examination at the J Hospital of the defendant is stated as " May 21, 2002".

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