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(영문) 서울중앙지방법원 2019.09.26 2019노558
과실치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below which acquitted the defendant on the ground of appeal is erroneous in the misapprehension of the facts, although it is obvious that the defendant has suffered bodily injury because the victim exceeded the wind.

2. Determination:

A. On September 6, 2018, the Defendant: (a) around 17:43 on September 6, 2018, the summary of the facts charged in the instant case is a pedestrian aids, such as a baby fluor, fluor, etc., that occurred behind the victim D (V) who arranged a passbook in front of the automation payment counter for the Seoul Seoul Metropolitan Government Branch of the Seoul Special Metropolitan Bank Access Area, located in Gwanak-gu, Seoul Special Metropolitan City.

In such cases, since the victim who arranged the passbook may go beyond his/her ability to go to a safe place, there was a duty of care to move the head of the Tong to a safe place or to keep the head of the Tong within a certain distance so that the victim can walk safely.

Nevertheless, the defendant set up a baby in a place beyond the customer atmosphere, which led to the defendant's return to the place after the settlement of the passbook was completed, beyond the floor of the baby wheeled by the defendant.

In the end, the Defendant suffered injury to the victim, such as the salt of the shoulder, her mort, and her mort, which requires treatment for about two weeks, by such negligence.

B. The lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to deem the Defendant to have breached the duty of care as stated in the facts charged solely based on the evidence admitted by the lower court.

C. Even based on the facts acknowledged by the court below, the front wheels of the pedestrian aids used by the defendant was in excess of the customer atmosphere, and as the latter wheels of the above pedestrian aids depends on the hand hand over, the front wheels of the pedestrian aids will be more located earlier than the hand hand over of the pedestrian aids. The victim must complete the work and go back to the outside.

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