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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) affected the victim’s body part with a body part that does not fall short of the victim’s view, such as Gap himself, etc., and at the time of the occurrence of the accident. At the time of the shock, the Defendant controlled the Defendant by generating one of the flat iron on the truck, etc., and there was no other circumstance that may otherwise lead to such a result.
The Defendant: (a) the steel company operator who ordered the steel materials; (b) had the victim transported the steel to the front of the “D” operated by the Defendant; and (c) had the victim loaded the steel to facilitate loading and unloading; and (d) as such, the Defendant confirmed the loading condition of the steel and was aware of the victim’s loading and unloading; (c) had a duty of care to safely load the steel so as not to cause physical harm to the victim by safely loading and unloading the steel to prevent accidents; (d) without confirming the location of the victim, the Defendant caused injury to the victim by negligence without confirming the location of the victim.
(1) The prosecutor asserts that the defendant suffered bodily injury without properly verifying the location of the victim as stated in the facts charged of this case. Nevertheless, the court below found the defendant not guilty of the facts charged of this case, which erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant is a person running “D” in Seoul, Jung-gu, Seoul, while the victim E (56 years of age) loaded the flat iron and the marlet on the truck, the Defendant was bound by the machine called “Sast” on the truck, and the Defendant was pushed down with the following, and the victim was also engaged in loading and unloading work under the Do and truck.
The defendant does not cut back when loading and unloading steel.