2012No823 Injury by occupational negligence

Cho* (46****** -2), kitchen, cook

Housing Eunpyeong-gu Seoul

Defendant

Doese (Lawsuits) and Number of Days (Public Trial)

Attorney Kim Young-young (Korean National Assembly Line)

Seoul Western District Court Decision 2012Gohap155 Decided July 26, 2012

November 15, 2012

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal by the defendant;

The court below found the defendant guilty of the facts charged of this case, which did not have credibility in the victim's statement, and did not recognize that the knives of the instant knives of the knives of the instant knives of the knives of the

2. Determination:

A. Judgment on the assertion of mistake of facts

In light of the evidence duly adopted and examined by the court below, the victim's ship * * is consistently stated that the defendant's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

B. Determination of unfair sentencing

In light of the fact that the defendant was the first offender, the circumstances leading up to the crime of this case, and the fact that the victim is proceeding civil litigation for the payment of damage to the defendant, the court below's punishment is somewhat unreasonable.

3. Conclusion

If so, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts and summary of evidence

The summary of the facts charged and the evidence recognized by this court is the same as that of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 268 (Selection of Fines)

1. The type to be suspended;

Fine of 200,000 won (the custody of a person to be converted to a foreign exchange)

1. Suspension of sentence;

Article 59(1) of the Criminal Act (Consideration Considering Preferential Circumstances as seen earlier)

Judges Lee Sung-chul

Judges Kim Gin-tae

Judges Kim Jin-jin