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(영문) 대법원 2019.07.04 2019도3420
업무상과실치사등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, B, C, and D, the lower court convicted Defendant A, B, C, and D of the facts charged (excluding the part not guilty in the grounds of appeal) on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, 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 the duty of occupational caution and causation in the crime of occupational negligence resulting in death or injury, safety measures duty in the crime of occupational negligence, causation and burden of proof

2. As to the grounds of appeal by Defendant E and F, the lower court convicted Defendant E and F of the facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the duty of occupational caution and causation in the crime of occupational negligence or death, and the duty of safety measures in the crime of occupational negligence

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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