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(영문) 창원지방법원 진주지원 2016.07.21 2016고정223
과실치상
Text

The defendant shall be innocent.

Reasons

1. On April 11, 2015, the Defendant discovered a snick (1 meter in length) located on the ground floor in tinsansan, which was located in the Yansan-gun of Gyeongnam-do, with the victim C, D, and E on April 11, 2015, and suffered from an snick column where it is impossible to identify the number of days of treatment because the victim who was trying to avoid a snick (1 meter in length) snick by using snickic snives such as snives in order to snick this.

2. Determination

A. The legal doctrine provides that criminal negligence refers to “an act of failing to recognize the facts which comprise the constituent elements of a crime by neglecting normal attention” (Article 14). Here, “the act of neglecting normal attention” refers to the act of violating the duty of care required for social life to avoid the occurrence of a consequence under specific circumstances, even though the actor could have predicted the occurrence of a constituent consequence.

On the other hand, in order to objectively revert the result of the crime of negligence to the perpetrator, there is a special relation that the result was caused by the perpetrator's breach of duty of care, i.e., breach of duty of care.

B. Review of the records reveals the following facts.

(1) On April 11, 2015, around 11:30 on April 11, 2015, Defendant ( South Korea), C (victims indicated in the facts charged, South Korea), D (n), and E (n) came to go king in Gyeongsan located in Gyeongnam-gun, Gyeongnam-gun.

(2) They were blicked in order of the Defendant, E, D, and C (victims described in the facts charged) and blicked depending on a narrow mountain channel.

In the process, the defendant discovered a snick in front of the day and sound.

(3) The Defendant was walking a snick snick in a mountain shot, and C was treated with an inner heat, etc. at the hospital on the day of mountain, including a snick slick slick slick slick slick.

(4) On the other hand, the process and C of walking a snick by the Defendant in snives.

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