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(영문) 서울서부지방법원 2015.11.12 2015고정660

과실치상

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On October 11, 2014, around 02:15, the Defendant, at the “E” club located in Yongsan-gu Seoul Metropolitan Government D, passed since the victim F (V, 25 years of age) was located.

At this point, many people were in a congested place by dancing or breaking, and the victim reported a new outbreak, which led to the occurrence of the victim, so in such a case, the Defendant neglected to take care of not taking the outbreak of the victim, but neglected to do so.

As a result, the Defendant suffered injury to the victim, such as an open wound, which caused damage to a saw that requires approximately two weeks of medical treatment, by the above negligence.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Photographs of the victim and photographs of the operation of the victim;

1. Each one copy, such as a medical certificate;

1. In an investigation report (on-site CCTV), CCTV video data [the accused and the defense counsel denies a crime that the victim passes through his/her seat or did not follow the victim's left coverion. However, the victim F and witness G consistently stated that the defendant was unable to mistake other people because he/she had a large number of people around the time when the defendant passes ahead of the victim, and that there was no room for misunderstanding other people. In light of the consistency of the statement and the circumstances immediately resisting the defendant immediately after the instant case, the credibility of the above statement is recognized. Accordingly, the defendant's above statement is recognized. Accordingly, it is sufficiently recognized that the defendant followed the victim's left coverion due to negligence, such as the facts stated in the judgment of the court below.] The application of the law applies to the victim F and witness G

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