The case denying the injury caused by occupational negligence of the train vice head in relation to the passenger's getting injured by getting off the train immediately after the departure of the train.

The case affirming the crime of injury by occupational negligence on the part of the train, on the ground that the train stops in the station platform and most passengers get off and get off again, and then turns off to the entrance immediately, and caused the injury of the passengers by getting off and getting off the train wheels, and the vice president of the train took necessary measures so that the passengers can safely get off and get off the train.

Article 268 of the Criminal Act

Defendant

Defendant

Daegu District Court Decision 95Ra681 delivered on December 13, 1995

Supreme Court Decision 96Do2251 Delivered on November 29, 1996

The judgment of the court below is reversed.

The defendant shall be innocent.

The summary of this decision shall be published.

1. Summary of grounds for appeal;

The gist of the defendant's grounds of appeal is that the victim was injured at the time and place stated in the indictment. However, it is the wind that the above victim, which is the subordinate passenger of the train No. 814 g-g-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

2. The judgment of the court below

The court below found the defendant and the above defendant 1 guilty of injury to the left side of the train without the duty of care of the victim, taking into account all the statements in each protocol of examination of the suspect as to the defendant and the above defendant 1 in the court of the court below, some statements in each protocol of examination of the defendant and the above defendant 1 in the prosecutor's and the court of the court of the court below, the victim of the judicial police assistant, the golder, and the new interests, and the records in the field map attached to 100 to 102 of the investigation record, the field map and the field photo and each image, and the diagnosis report to the victim in the preparation of the gambling club. The court below found the defendant's "the defendant" as working as the deputy head of the permanent train in the permanent train office of the defendant and the above defendant 1's defendant 1, on March 8, 1995.

3. Judgment of party members

Therefore, according to the fact that the defendant was unable to get off and off the train, and the defendant was unable to get off and off the train near the 1string platform, and the defendant was unable to get off and off the train at the 2nd front of the 1string platform, and the defendant was unable to get off and off the train at the 1string platform, and there was no other evidence to acknowledge it. On the other hand, the defendant was able to get off and off the train at the 1string platform near the 138th boarding platform, and the defendant was able to get off and off the train at the 1string platform near the 2nd of the 2nd boarding platform, and the second boarding platform at the 2nd of the 2nd boarding platform at the time of the 2nd boarding platform.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

4. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

The summary of the facts charged in the instant case is as stated in Paragraph 2, which constitutes a case where there is no proof of crime as stated in Paragraph 3, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is publicly announced pursuant to Article 58(2)

It is so decided as per Disposition for the above reasons.

Judges Male-gu (Presiding Judge)