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(영문) 서울동부지방법원 2018.08.30 2018노443
과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, and criminal negligence of the defendant

the defendant's act and the injury of this case are not related to the person.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly examined and adopted by the lower court as follows: (a) whether there was a possibility for the Defendant to anticipate or avoid the determination of the misunderstanding of facts and legal principles; (b) whether there was a possibility for the Defendant to avoid it; (c) at the time of the occurrence of the instant case, the Defendant 6 km up to 800 meters away from the outdoor, and went off to the sports center on the first floor above the ground; (d) the Defendant left his blood in his hand in the vicinity of the installation of the stairs; and (e) caused the Defendant to fall down by his her son’s son, and the Defendant’s son was used by the victim due to the victim’s marith in the end of the stairs; and (e) in light of the fact that the Defendant was the victim’s son, the Defendant could sufficiently be aware that the son might be adjacent to the victim who was on the

It is reasonable to see that the defendant did not take necessary measures to prevent such danger, and therefore, this part of the argument by the defendant and his defense counsel is without merit.

In addition, the following circumstances acknowledged by the records of this case, namely, the victim was diagnosed to have increased the cost of X-ray shooting and promotion by being inside the J-type department on the date of the accident of this case. The victim was diagnosed to have received Q-type treatment from Q-type members to April 4, 2017 from the following day, but the victim was receiving treatment from the R-type department, but the roadway was born to the N-type department on April 5, 2017. On April 13, 2017, the victim was diagnosed to have the human heat by being inside the H-type department, which was located at the H-type hospital on April 13, 2017, and was diagnosed to have the left-class bitI shooting, which was located before the left-class met, and thereafter, the victim was inside the K-class hospital.

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