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(영문) 인천지방법원 2018.11.21 2017노4591
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principles) the victim obtained a normal attitude and each of them at the time of the occurrence of the instant case, but the court below held that the victim was faced with a swimming pool floor in depth (hereinafter “the instant accident”).

The lower court erred.

In addition, the defendant has sufficiently explained the correct attitude of Lone Star and the risk of the occurrence of an accident due to the act of Lone Star, and there is no negligence in the occurrence of the accident.

2. Determination

A. The evidence duly adopted and examined by the lower court and the trial court as to whether the instant accident occurred due to the depth of the victim’s entrance, i.e., the Defendant, on the date of the instant accident, entered the following circumstances, i.e.,: (a) the Defendant entered the standards in the lower court’s phased practice (a method of obtaining knee in the state of knee, knee in the state of knee, knee, by cutting down the grab, leaving the departure stand in the front of the body, cutting off the body with the front of the body; and (b) making the knee in the state of knee in the process of obtaining knee in the state of knee in the process of obtaining knee in the state of knee.).

The head, etc. is likely to be faced with the floor of a swimming pool, and in particular, in the case where the head is defluenced in a vertical angle, the head is more likely to be faced with the swimming pool floor. ② The victim was placed by obtaining the third person on the date of the occurrence of the instant accident, and the placement of the head from the immediately preceding defendant upon the occurrence of the instant accident (the fourth).

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