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(영문) 대법원 2015.07.09 2015도6170
업무상과실치사
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, we affirm the lower court’s finding the Defendant not guilty of the primary and primary facts charged regarding the death by occupational negligence in this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on causation in the

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, it did not state the grounds for appeal as to the guilty portion, nor did it state the grounds for objection in the appellate brief.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s ground of appeal, the lower court is justifiable to have convicted the Defendant of the second preliminary charge as to the injury caused by occupational negligence in this case on the grounds stated in its reasoning, and there was no error of finding facts contrary to logical and empirical rules

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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