(영문) 서울중앙지방법원 2020.06.25 2019노4121

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(영문) 서울중앙지방법원 2020.06.25 2019노4121

과실치상

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The gist of the grounds for appeal is that the defendant has no record of taking measures against the victim;

Nevertheless, the judgment of the court below that recognized the crime of bodily injury by negligence is erroneous in misconception of facts.

In addition, in light of the shape of the upper part of the body where the victim was born, it cannot be deemed that the defendant was born by taking the step, so there is no negligence on the defendant.

Nevertheless, the judgment of the court below which recognized the crime of bodily injury caused by negligence by concluding that the defendant provided the cause of the above action was erroneous in the misapprehension of legal principle of negligence.

2. Determination

A. On June 21, 2018, the Defendant: (a) around 11:00, at the time of Ansan-si, sent approximately two-meter stairs from the 2317 lecture room to the 3rd floor; (b) at the time of the instant charge, the victim D (n, 21 years of age) was under the said stairs.

A person who is listed on the stairs and a person who gets out of the stairs are likely to be at risk by losing balance, falling off from the stairs, etc., and thus, a person who gets out of the stairs has a duty of care to ensure the safety of a person who goes out of the stairs, such as safely driving the stairs at a sufficient interval with the pedestrian who is going out well, and to get out of the stairs.

Nevertheless, the Defendant neglected this and caused damage to the left side 3 parts of the 14-day medical treatment to the victim by taking a verbal hond, where the victim reported a sloter due to the negligence of leaving the stairs near the above victim's shoulder to the extent that he was faced with the shoulder, and taking a hondal of the victim's left side, thereby causing damage to the victim's hondal and the hondal.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds of the evidence indicated in its judgment, and sentenced a fine of KRW 500,000 to the Defendant.

C. In full view of the evidence duly admitted and examined by the lower court, the Defendant on the day of the instant case.

유사 판례

-서울중앙지방법원 2017.01.19 2016가합537266

-서울중앙지방법원 2019.10.17 2019고단4504

-대구지방법원 2020.08.20 2020고정441

-인천지방법원 2016.06.16 2016고정585

-대구지방법원 2016.01.15 2015고단4