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(영문) 수원지방법원 성남지원 2019.05.21 2019고정94

과실치상

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

The Defendant has a duty of care to take measures to prevent the large dogs from harming others by checking whether there is any other person in the vicinity, and by fixing the large dogs to a wooden line, etc., if he/she moves the large dogs to another place.

Nevertheless, at around 15:00 on May 5, 2018, the Defendant laid a shoulder line on the top of the house of the Defendant located in Sungnam-si B and the second floor, without properly examining the surrounding areas, and moved the 2 string of the above large dog on the wind, and let the victim C (50 years of age) who installed air conditioners on the Defendant’s house move the string of the large dog on the wind.

In the end, the Defendant suffered multiple injuries to the victim by the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. The application of photograph (14 pages) and diagnostic certificate (20 pages of investigation records) Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 266 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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