(영문) 대전지방법원 2018.06.20 2017노1827 | 리걸엔진

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(영문) 대전지방법원 2018.06.20 2017노1827

업무상과실치상

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant accident, the Defendant, at the time of the misunderstanding of facts or misapprehension of legal principles, had a duty of care, even though there was a fact that at the time of the instant accident, the Defendant laid the victim on the instant so that the victim may work on the roof, and there was no provision that the victim shall not be a person on the clicker.

In addition, since the victim's consent is an act with the victim's consent, it is an act with the victim's consent, and the victim's fall from the softet of this case is the victim's own body-centered and fall, and the defendant's operation of the soft machine of this case did not cut off the soft.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. The lower court also made the same assertion as the grounds for appeal, and the lower court rejected the Defendant’s assertion in detail on the Defendant’s assertion and its judgment in the item “judgment on the Defendant and his defense counsel’s assertion” of the judgment.

Examining the reasoning of the judgment below in a thorough manner with records, the above judgment of the court below is just.

Therefore, the lower judgment did not err by misapprehending the facts or by misapprehending the legal doctrine as alleged by the Defendant.

B. The degree of damage is high due to the instant case’s determination on the unfair argument of sentencing, following the victim’s injury requiring approximately 14 weeks medical treatment.

However, there are favorable circumstances, such as the fact that the victim first requested the defendant to put the victim in the clicket of this case, and the defendant seems to have failed to get the defendant, and that the victim does not have the punishment for the defendant by the agreement with the victim in the past, and there is other age, sex, environment, and crime of the defendant.

유사 판례

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-전주지방법원 남원지원 2019.07.23 2019고단47

-서울중앙지방법원 2016.01.15 2015나40110