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(영문) 전주지방법원 2016.12.23 2016고정812

과실치상

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2016. 5. 7. 18:40경 전주시 완산구 B 앞 길에서 모친 C 소유인 비숑프리제 개 2마리를 데리고 산책을 하고 있었다.

In such a case, since there was a possibility that the opening may inflict damage by asking the driver, there was a duty of care to prevent the accident that the opening has broken down to another person by taking safety measures such as cutting the line to the person who manages the opening and putting it well, and preventing the accident that the opening has broken to another person.

Nevertheless, the Defendant: (a) caused the victim D (the aged 8) (the aged 8) who saw the 1me line among the two mas; (b) caused the victim’s left side knee and buckbucks by unfolding the 1me line among the two mas; and (c) caused the victim’s knee and bucks to the 8 years old.

Ultimately, the Defendant suffered injury to the victim, such as other parts with which the victim needs to receive medical treatment for about two weeks, and the impairment of the reputation of his retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. A complaint;

1. A medical certificate;

1. Family relation certificate:

1. Application of each statute on photographs;

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 provides that the injury suffered by the victim is not serious due to favorable reasons for sentencing of Article 334(1) of the Provisional Payment Order, and that the defendant has no record of criminal punishment exceeding the same kind of crime or fine.

It appears that the victim was suffering from mental shock due to the crime of this case, due to the age of the victim, and there is a possibility that the aftermath may remain, such as a pleter, and the defendant does not make any effort to recover from damage.

In full view of the above circumstances and other various sentencing conditions in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.