(영문) 전주지방법원 2016.05.13 2015노1658 | 리걸엔진

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(영문) 전주지방법원 2016.05.13 2015노1658

과실치상

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of the facts), the lower court erred by misapprehending the fact that the Defendant sustained injury to the victim by negligence as stated in the facts charged, and thereby acquitted the Defendant of the facts charged.

2. Determination

A. The summary of the facts charged is the employee of D Adult Age, who is in the following cities:

On September 22, 2014, the Defendant had a duty to pay attention to prevent the victim from being able to file a petition with the victim E (n, 45 years of age) and to refrain from breaking the front light, etc. that occurs on the job under the influence of alcohol. In such a case, the Defendant had a duty to pay attention to prevent the victim from being able to file a petition against the victim, to take the front light of the order, or to force the victim from taking the front light, etc. into force.

Nevertheless, the Defendant did not file a petition with the victim by getting off the front light or soliciting him/her to do so, and caused the victim to have his/her strong fingers and fingers of the victim, which cited the front light of the order, etc., and caused the victim to suffer approximately five weeks of her gross fingers and her gross fingers, which require approximately five weeks of treatment.

B. The judgment of the court below is based on the following circumstances acknowledged by the records, and ① at the time of the case, the victim was plicking, plicking, and plouting the hand by putting his left hand hand only, not before the order was used.

It is difficult to easily pluck up or pluck up the victim's fingers which are customers before the victim's husbands are kept, without any special reason. In particular, according to the victim's assertion, the victim's husband was a situation where the defendant was plucking up or plucking down the victim's fingers.

유사 판례

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