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(영문) 서울서부지방법원 2019.07.04 2019노149
과실치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual errors or misapprehension of the legal principle) by the prosecutor, the defendant could have known that he was another person getting a skiing as a skiton while getting a ski and getting a skiing as a skiton, and the defendant was obliged to have been negligent even though he did not have been able to have been able to have been negligent so as not to interfere with the progress of others.

Nevertheless, the lower court erred by misapprehending the legal doctrine on mistake or negligence, which affected the conclusion of the judgment, on the ground that the Defendant was not guilty.

2. Determination

A. The summary of the facts charged was around 10:00 on March 12, 2017, the Defendant, along with 6-7 students in Criart Ski ground located in Gangwon-gun, was moving from the place of education to the place of education.

At the time, Skis were taken from the skis without certain handling, and at the same time, all students were in a free way. In such a case, Skis from the public skis, together with many people, had the duty of care to reduce the speed so that they can avoid collisions with other skiings, and to ensure the safe operation of Skis by properly examining the skis and the left and right of them.

Nevertheless, the defendant neglected to do so and found the victim D (the age of 46) who was another student who was getting out of the right-handton due to his negligence, and caused the victim to face a skiing day in front of the victim's proceeding direction, and caused the victim to face a ski day.

Ultimately, the Defendant suffered injury, such as cage cages, which require approximately six weeks of medical treatment, from the above negligence.

B. The lower court’s determination is as follows.

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