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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. 1) Fact-misunderstanding 1) Only supporting the duties of a professional engineer who repairs the compact shall not be deemed to be the duties of Defendant A whose father is the deaf.
2) The Defendants fulfilled their duty of care to look at the surrounding areas at the time of the instant accident.
B. Each sentence sentenced by the lower court to the Defendants (one year of suspended sentence in June of each imprisonment without prison labor) is too unreasonable.
2. Determination
A. 1) As to the assertion that Defendant A does not fall under Defendant A’s business, “work” in relation to the crime of bodily injury resulting from occupational or actual injury refers to a person’s continuous work as a single position in terms of his/her social life, and as long as the person has repeatedly expressed his/her intent or fact, each of the separate experiences or legal licenses for the relevant work is not required, and a case where the work is conducted in an incidental manner as it is not for profit-making purposes.
B. A person performing a work falling under A’s duties has a specific duty of care to take safety measures to prevent danger to the extent that it could prevent an accident to the life or body of a person who could occur in the course of performing the relevant duties (see Supreme Court Decision 2000Do4664, Dec. 22, 2000). The summary of the facts charged in this case is that Defendant A suffered injury to the victim by violating the duty of care in performing duties when “a person who is engaged in the concentrate industry while performing agricultural works, such as compact driving, etc. for about 15 years.”
According to the evidence duly adopted and examined by the court below, Defendant A is recognized as a person who has continuously engaged in the date of farming by driving the compact of this case. Thus, even if Defendant A’s work of repairing the compact, Defendant A is not the business of Defendant A, Defendant B’s work of repairing the compact shall assist Defendant B in repairing the compact.