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(영문) 창원지방법원 2019.05.22 2019고단508

과실치상

Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who raises one math of the type of insertion in the defendant's residence in Kimhae-si B.

Since there is no gate, if a defendant raises a dog, he/she has a duty of care to prevent him/her from leaving his/her dog in advance by taking measures, such as cutting down a neck or covering a neck, etc.

Nevertheless, at around 11:20 on December 22, 2018, the Defendant neglected to perform the above duty of care and caused the injury of the victim E (Y, 4 years of age) who was on the road outside the main gate due to the negligence that did not properly combine the opening line on the front of the “D cafeteria,” which is the neighboring part of the Defendant in Kimhae-si, Kimhae-si, and caused the victim to suffer from the injury of both sides of the backheading part of the victim E (Y, 4 years of age) who was on the road outside the main gate and the right bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 266 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the various circumstances that form the conditions for sentencing specified in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

The circumstances at a disadvantage: (a) the physical and mental damage suffered by the aged victim due to the instant crime appears to require continuous observation even until now; (b) the Defendant did not pay due attention despite being well aware of the fact that the dog in which he raised in a usual sense is softened and going out of the house; and (c) the Defendant did not seem to have sufficiently endeavored to recover from damage; and (d) the Defendant did not seem to have made a serious effort: The Defendant erred.