The case holding that, where the victim, who was faced with the wind on the breath of the sea at the balth of the sea where the balth of the balth of the earth was placed in the sea because the sick was faced with the falth of the water to be discharged immediately on the falth of the sea, was liable for the death or injury caused by negligence on the balth of the balth of the water, which

Under the situation where the vertical slope facing the sea is coming into effect at a place where a large part of the rock is cut down on the sea, and there is a causal link between the result of the death of the victim and the result of the death on the sea, and the defendant and other persons, including the defendant, who were the victim, immediately discharged from the sea, try to put the disease of the victim Gap, who was to be discharged from the sea by hand, and put the disease into the sea, and the victim, who was faced with the death of the burth in the course of getting the center of body and getting out of the sea, has no responsibility for the death of the victim, even if the victim tried to put the result into the sea, as above, and the defendant was trying to put the death on the sea. In addition, there is no possibility of predicting the occurrence of the result.

Article 267 of the Criminal Act

Defendant 1, et al., Counsel for the defendant-appellant

Prosecutor

Military Court of the Army, High School, 190No89 delivered on July 5, 1990

The judgment of the court below is reversed, and the case is remanded to the High Military Court for Army.

The prosecutor's grounds of appeal are examined.

1. According to the records, the summary of the facts charged in this case is as follows: from 09:0 on April 10, 1990 to 10:35, Defendant 1, who was a senior soldier of the Republic of Korea, was placed in the front line with the members of the military unit belonging to the above 2nd unit, and was placed in the front line with the victim of the above 3rd dynasium, and 9 members of the dynasium, were placed in the front line with the victim's dynasium, and were placed in the front line with the victim's dynasium dynasium and 110 meters away from the above 3rd dynasium to the right-hand side of the above dynasium, so the above 2nd dynasium's dynasium and the victim's dynasium's dynasium and the remaining dynasium's m.

However, the judgment of the court below on this point is presumed to have the essence of criminal negligence under the premise that there is a proximate causal relation between the act and the result when there was a basic scambal act of the actor in order to establish the crime of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of negligence of the normal duty of care in spite of the recognition and predictability of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the result, and it is difficult to see that there is a proximate causal relation between the act of intending to put the above application into the sea and the death of the victim Kim-ok because all of the defendants and the above Kim-sik were in a position of the principal agent of the act, and it is difficult to expect that the defendants' recognition and prediction of the death of the above Kim-tae was a normal situation within the territory of the principal agent of the act, and therefore it is difficult to recognize the above application.

2. However, according to the records, if the accident site of this case was found to be a cleaning agent over seawater with a vertical slope facing the sea immediately above, and it was a situation where many people, such as the defendant, etc., try to put the above application into the sea and put it into the sea, such application as in the facts charged, and if the victim Kim Jong-man, who was sleeped with the above application, died while leaving the sea by being unfolded with the above application, it would be difficult to put the above application into the sea, and if it is hard to see that there is no causal relation between the above act of slicking Kim-sik's death and the above act of slicking into the sea, and the result of the above slicking into the sea, it cannot be said that it is hard to see that there is a danger of slicking the above application, and if it is hard to see that there is no causal relation with the above act of slicking the above Kim-mn's death into the sea.

Therefore, even if the victim Kim Jong-chul was one of the persons who want to take place in his/her place in his/her place, as seen above, he/she is found to have committed an unlawful act that affected the conclusion of the judgment by misunderstanding the legal principles as to the negligence liability, which affected the conclusion of the judgment (the judgment of the court of first instance is deemed to have been abandoned by the judgment of the court of first instance, and even after examining the reasons of the judgment of the court of first instance, it is not possible to find the substitute trees recognized as such and rather, according to the military judicial police officer's protocol of examination of evidence prepared by the court of first instance employed by the court of first instance, Defendant 2 and 3 cannot be deemed to have renounced the crime committed in the middle of the crime since they were found to have put the bridge and hand over the above application, which was taken at the point of the sea.

Therefore, the judgment of the court below shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)