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(영문) 창원지방법원 2021.02.04 2020고정340

과실치상등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 12, 2019, the Defendant injured by negligence, at the entrance of the "C" point of "C" located in Kimhae-si, Kim Jong-si, on October 12, 2019, carried out a pet dog inside the left arms and purchased pets.

The Defendant had a duty of care to prevent the occurrence of danger, such as leaving a distance to the extent that he does not ask other persons even if he knows that he is likely to injure another person.

Nevertheless, the Defendant neglected to do so and carried the pet dog on the left side of the pet dog and carried the pet dog on the right side of the victim D (the 75-year old-old 75-year-old her part).

Accordingly, the Defendant suffered from the above negligence damage to the upper left-hand shoulder part of which the number of medical treatment days cannot be known to the victim.

2. On the same day as the preceding paragraph 10:40 on the day, the injured Defendant went together to the hospital to treat the Defendant’s peties for the reasons such as the preceding paragraph before the entrance of the “F” member of the Council in Kimhae-si, and on the other hand, the injured Defendant went together to the hospital to treat the Defendant’s pets for the reasons of the preceding paragraph.

"The part of the pet dog, which was known in the process, was fluored to be friendly by the hand with the part of the victim's shoulder, exceeded the victim's shoulder.

As a result, the Defendant inflicted injury on the victim, such as salt, tensions, etc. in need of treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to report internal investigation into police statements made by victims;

1. Relevant Article 266(1) of the Criminal Act (the point of injury caused by negligence) and Article 257(1) of the Criminal Act (the point of injury caused by negligence) and the selection of fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;