중과실치상
2011 Injury by gross negligence 841
OO****************)**
The residence omitted.
Place of Registration omitted
Ethical Decree
August 3, 2011
Defendant shall be punished by imprisonment without prison labor for six months.
Criminal facts
The Defendant (Omission) is a person who raises and manages the Royer’s house at his own house. In addition to the owner, “Royer” means a dog that leads to a threat by easily exposing children and the elderly. In addition to the owner, the Defendant has a strong tendency to easily show and possess an object with public or the elderly, and if he gives a strong desire to do so, he has a strong tendency to get off the house without any conditions. In particular, since an elementary school is located at a distance of about 100 meters in the above place of residence and a student frequents around it, the Defendant, who manages the Royer, has a duty of care to prevent any other person from leaving the house by placing the labing the door well so that it does not come out of the house.
Nevertheless, on January 28, 2011, the Defendant cleaned the excreta on the second floor of the Defendant’s house at the time, and did not re-tamp the turbing the turbing line, and on February 2, 2011, the said turbler returned to the said turg for about six days until the said Defendant’s house was located, and neglected the opening management without re-turbing the line, and did not report the said turging line to the police station and other related agencies despite being aware of the fact that the said turbling, which is a military and dangerous turg, came out of the house.
피고인의 위와 같은 중대한 과실로 인해 개줄이 풀린 위 로트와일러가 2011. 2. 2. 18:10경 피고인의 집을 나가 같은 날 18:35 경 그곳에서 약 100m 떨어진 (생략)에 있는 ** 초등학교 운동장에서 공을 차고 있던 피해자 00(9세), 피해자 00(9세)의 팔과 다리 등을 수회 물어 뜯어, 피해자 ◎○○에게 약 4주간의 치료를 요하는 하지, 좌측 아래팔, 복부 하배부, 양측 둔부, 양측 대퇴의 다발성 개방창, 우측 하지 비골근의 부분파열 교상 등을, 피해자 ●○에게 치료기간 불상의 우측 상지 교상을 각각 입게 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1.***,***,******,◎○○,***에 대한 각 경찰진술조서
1. Investigation reports (Attachment of standing photographs), investigation reports (Attachment of CCTV photographs of a suspect), investigation reports (Attachment of photographs), investigation reports (Attachment of photographs), investigation reports (a photo of the upper part of the O first emergency room), and investigation reports (Attachment of a O treatment opinion attached thereto);
1. A medical certificate of injury and a medical certificate;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 268 of the Criminal Code, Selection of each imprisonment without prison labor
1. Aggravation for concurrent crimes;
The reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is very serious in the degree of injury suffered by the victims due to the crime of this case. Accordingly, it seems that the victims and their families who have yet to be aged will also suffer from mental impulse, and that the physical and mental treatment expenses of the victims to be incurred in the future will be reasonable. Nevertheless, the defendant did not make a serious effort to recover from damage up to this court. Nevertheless, the defendant deposited 3 million won to the victims since he did not make a serious effort to recover damage up to this court, and the victims' family members submitted a written petition to the effect that they would be faced with the defendant at a severe punishment, and such crime is not very good. It is so decided as per Disposition by the assent of all Justices.
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