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(영문) 부산지방법원 2018.09.20 2018노2253
과실치상
Text

The defendant's appeal is dismissed.

The judgment below

The part of the compensation order shall be cancelled, and the applicant for compensation shall be cancelled.

Reasons

1. The court below found the defendant guilty of the facts charged in this case, although the defendant's opening of the gist of the grounds for appeal did not constitute a victim. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

2. Determination on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. A. Around September 12:20, 2017, the Defendant neglected to perform his duty of care to prevent accidents, such as that he is going to know at the rest of the sports facility in Busan Shipping Daegu Dong-dong sports park, and that he is going to know at the rest of the sports facility in Busan Metropolitan City (Accenture), and that he is well in charge of managing the dog so that he does not interfere with the accident. As such, the Defendant neglected to perform his duty of care to prevent the occurrence of the accident. Accordingly, the Defendant’s opening asked the victim’s right-hand baby to ask the victim’s right-hand baby, thereby resulting in the injury of an open superior in need of approximately two weeks of treatment.

B. The lower court found the Defendant guilty of the instant facts charged on the following grounds.

1) Even though one’s opening is not the victim’s door, the Defendant is making a false statement as if the victim was her opening to the end.

Appellanting, the following circumstances are important.

(1) There are many suspected parts of the victim's attitude.

The victims did not seem to be each victim, and did so well, and they want to receive medical treatment only in the way they want.

(2) The victim is dead.

According to the body photographs taken on the date of assertion, it is clear that the defendant's opening is not the upper body.

It can be known that the color of the upper body is clearly blick and clear, and the shape of the upper body is a straight line that is not a member of the Ban, and the shape of the upper body is entirely different from the form of the half.

2) However, comprehensively taking account of the following circumstances revealed by evidence duly adopted and examined by this Court, such as C’s testimony and his superior photograph, the Defendant’s opening of the case was asked to the injured party as stated in the facts charged.

(1) The defendant immediately after the occurrence of the case.

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