logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.06.16 2016노5255
업무상과실치상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (as to the guilty portion) did not have suffered injury by neglecting the victim E as stated in this part of the facts charged, and there was no abuse such as verbal abuse, assault, etc. against the victims, or neglecting the basic protection of the victim M.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. Comprehensively taking account of the evidence submitted by the prosecutor as to misunderstanding of facts (not guilty part), the fact that the defendant committed emotional abuse, such as causing the victim C to have his or her highness and divorce, leaving the victim alone, can be sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (one year of imprisonment, two years of suspended execution) is too unhued and unfair.

2. Determination

A. Determination 1 on the Defendant’s assertion 1) The lower court also asserted the same purport as the grounds for appeal. The lower court held that: (a) the Defendant’s argument was similar to the grounds for appeal; (b) the Defendant’s argument was supported by the O’s police and the testimony at the court of the lower court; (c) the Defendant’s statement was partially consistent with the Defendant’s statement at the police and the court of the lower court; (d) the Defendant’s statement was consistent with the medical record on the Victim E; (b) the Defendant’s child school representative on April 28, 2014 on the Victim F; (c) the N’s child school representative on the Victim H is supported by the N’s statement at the police and the court of the lower court; and (d) the child school representative on October 22, 2014 on the Victim I is supported by the police and the police’s statement at the P police and the court of the lower court; and (v) the victim’s statement on the Victim.

arrow