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(영문) 의정부지방법원 2017.08.09 2017노1367
업무상과실치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, although the defendant, who is a teacher of a kindergarten, was found to have been negligent in the conduct of business not witnessing sports classes, and the defendant was fully recognized to have a substantial relation between such negligence and the victim's injury, the judgment of the court below which acquitted the defendant, which affected the conclusion of the judgment by misunderstanding the facts.

2. The lower court, based on the facts and circumstances as indicated in its reasoning acknowledged by the record, was negligent in failing to witness the sports classes at the time of the instant case.

Even if such negligence has a substantial connection with the accident of this case, or there was a possibility that the defendant could have predicted the accident of this case.

In the end, it is difficult to see that there is no proof to prove the facts charged of this case, and judged not guilty.

Examining the judgment of the court below in a thorough comparison with the records, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the prosecutor.

shall not be deemed to exist.

The prosecutor's above assertion of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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