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(영문) 의정부지방법원 2015.01.22 2014고정614
과실치상
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that at around 05:00 on August 5, 2013, the Defendant did not pay the deposit for lease on the road in front of the building C in Southern-si, where D, the owner of the building, does not pay the deposit for lease on the ground that the Defendant’s living, in the event of dusting cement sculptures, etc. on the passage route, it may go beyond the number of persons passing through such a place. Therefore, the Defendant neglected his/her duty of care to prevent it from spreading, or even if he/she had a duty of care to easily cut cement sculptures, and thereby, sustained injury, such as the left-hand leged salt, etc., where it is difficult to know the number of treatment days due to the Defendant’s taking a cement sculpture.

2. There are evidence as shown in the facts charged in the instant case, such as D, E’s investigation agency and this court’s statement, agreement memorandum, and diagnosis. However, according to the following circumstances acknowledged by the evidence duly adopted and investigated by this court, each of the above evidence is insufficient to acknowledge that the Defendant was injured by cement view, or that the Defendant was injured by cement view.

D’s statement (1) The protocol in which the full text or the full text statement is recorded shall not be admissible in principle under Article 310-2 of the Criminal Procedure Act, but in principle, it shall be admissible in accordance with Article 310-2 of the Criminal Procedure Act: Provided, That if a statement made by a person other than the defendant at a preparatory hearing or during a public trial contains the contents of the statement made by the defendant, it shall be admitted as evidence only when the statement was made under particularly reliable circumstances pursuant to Article 316(1) of the Criminal Procedure Act, and a protocol in which the full text statement is recorded shall be admitted as evidence, and it shall be admitted as evidence under Articles 312 through 314 of the Criminal Procedure Act, as well as

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