(영문) 서울남부지방법원 2018.09.20 2017노1025

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(영문) 서울남부지방법원 2018.09.20 2017노1025

과실치사

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty, although the defendant did not have any duty of care as stated in the facts charged, is erroneous in the misunderstanding of facts and in the misapprehension of legal principles.

B. In light of the fact that the defendant did not have a duty to support the victim even though he did not have a duty to support, the defendant was unable to gather the victim on the day of the accident in this case, and that the accident occurred in the way that he returned to the post-book, and that the defendant was immediately and promptly taking the appropriate and prompt measures immediately after the accident in this case, the punishment (the penalty amount of three million won) sentenced by the court below is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of the facts and legal principles, the defendant: (1) on March 23, 2016, the defendant laid the victim's wheelchairs and returned back to the front space of the first floor of the elevator, and caused the victim to find a mail by carrying the victim's wheelchairs installed in the front space of the first floor of the elevator; (2) on the entrance of the entrance of the entrance of the entrance, in order to go back to the front space of the above elevator, the defendant left the front door only after going through the corridor slope according to the corridor slope; and (3) even if the above corridor is stopped with the above corridor slope, the defendant has a slope to the extent of digging it by himself; and (3) the defendant, even if the victim was installed at the middle slope and the middle slope beginning with the front slope, and did not properly get out of the victim's body and the victim did not properly get out of it.

According to the above facts of recognition, the defendant has breached his duty of care as stated in the judgment below.

Since it is recognized, the defendant's mistake and misapprehension of legal principles are argued.

유사 판례

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-서울중앙지방법원 2017.02.10 2016노2966

-서울동부지방법원 2017.06.16 2016노1895