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(영문) 청주지방법원 2018.12.07 2018노575
업무상과실치사등
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendant (misunderstanding of facts and misapprehension of legal principles), among the facts charged in the instant case, the lower court erred by misapprehending the facts and by misapprehending the legal doctrine as follows, thereby adversely affecting the conclusion of the judgment.

1) Four victims, etc. were at the time of danger, and there was no negligence in the Defendant’s act to rescue them.

2) Since the victim’s daily activity was returned to the water surface in the course of going up on the water surface, it was irrelevant or severed between the Defendant’s act and the accident the victim was able to learn (hereinafter “the instant accident”).

3) Even if four persons, such as the victim, were not objectively dangerous situations at the time.

Even if the defendant is aware of a dangerous situation and the accident occurred by approaching four victims such as the victim, it is an error on the facts which are the constituent elements of the crime of negligence.

4) The Defendant’s act constitutes an urgent escape with the aim of avoiding any danger at the present risk of the four people, including the victim.

5) The Defendant’s operation of a water leisure craft on the water surface without any supervision or accompanying by a person holding a power-driven leisure craft operating license is the first day of the instant case. Thus, the Defendant does not have the nature of the operation of the water surface.

B. The prosecutor’s sentence (unfair sentencing) of the lower court (the suspended sentence for six months of imprisonment) is too unfluent and unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. On July 21, 2016, the Defendant: (a) received a request from the victim net D (19), E, F, G, H, and I to put the above water surface part of the charges on the water surface while operating three persons boarding the water surface in the vicinity C in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do without a steering license; and (b) received a request from the victim net D (19), E, F, H, and I to put the water inside the river.

The above place shall live water at the time of the multi-purpose area of the following accidents.

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