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(영문) 수원지방법원 2020.09.09 2019노5459
과실치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) (the Defendant left the place without informing the Deceased B (hereinafter “the Deceased”) for the currency by putting him in line with the upper class for the lower class. As a result, the Deceased died after falling down on the lap using the above lap.

Considering the role of the defendant at the time of the clithm of the clithm wall, the danger of the river, and the importance of the parallel of the clithm, the defendant should have completed the parallel of the clith as stated in the facts charged in the instant case, should not have left the site, and should not have left the site, and it is recognized that the defendant violated the duty of care to inform the deceased that the clith has

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to fully reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In addition, in a case where the first instance court rendered a judgment not guilty of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as the examination of witness, in light of the fact that the criminal appellate court has the character as a post-trial trial even after deceiving the Defendant, and the spirit of substantial direct cross-examination under the Criminal Procedure Act, etc., the first instance court may raise probability or doubt as to the facts that

Even if it does not reach the extent to which the reasonable doubt raised in the first instance can be sufficiently resolved, it shall be such.

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