logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.01.17 2013노2642
업무상과실치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) When the victim gets on board the clicket, he/she has violated the duty of care to the same extent as the defendant, and he/she can understand and take over the risks caused by the defendant even with knowledge of the risks caused by the defendant, so the victim cannot objectively belong to the defendant who suffered the injury. 2) The victim voluntarily gets on board the clicket, so the illegality is dismissed by the consent of the victim.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (two years of suspended execution in August) against the Defendant is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion that the result of injury could not objectively be attributed to the defendant. In other words, the defendant: (i) in order to remove the telegraph connected with the telecommunication line through the electric router using the electric router, the telecommunication line needs to be released from the cable and to fix the increased telecommunications line to the cable outside the fence; (ii) as to the method of moving the telecommunications line, the direction was arranged in the direction of breaking up the routeret in a natural rupture in the presence of the defendant, G, H, and the victim; (iii) if other work is first conducted, it appears that the person was plucked towards the routeret to the opposite direction to the router box so that the person could escape, and (iv) but as to the routeret, the defendant did not fall to the operation of the router so as to prevent the person from spreading.

arrow