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(영문) 대구지방법원 2016.11.02 2016노1483
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) did not instruct Co-Defendant A to take the scrap trees that he had to N; (b) did not instruct the Defendant to try to load and unload the H beam on the basis of the H hole, which is the point where the instant accident occurred; and (c) did not know the fact that A followed two lanes with Co-Defendant B; and (d) did not know that the instant accident was caused by the negligence in the course of business between A and B, and that there was no negligence on the part of the Defendant; (b) the lower court found the Defendant guilty of the facts charged against the Defendant without any negligence on the part of the Defendant. In so doing, the lower court erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of suspended execution for a period of eight months) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the defendant temporarily placed about 16 sn beam beam lines of his own possession in K at the time of the racing. ② The defendant, as a manager and supervisor in charge of the construction work of a factory conducted in H and I at P and P in Ha, the defendant decided to transfer the sn beam to the above H construction site to the above H construction site in order to prevent the theft of the above H beam. ③ The defendant requested the transportation and loading work of the above H beam to A, who is an article in possession, and the defendant requested the transportation and loading work of the above H beam beam to A, who is the above sn beam. The defendant allowed the above work to be mixed with the defendant, and the defendant's permission to operate the sn beam while driving the sn beam with the phone to A, and ④ In order to do the above work, it is necessary that the defendant brought about the above h beam to the victim at the construction site.

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