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(영문) 의정부지방법원 2018.05.17 2017고정1856

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

피고인은 ‘ 비 숑 프리 제’ 라는 애완견을 기르는 사람이다.

On March 7, 2017, the Defendant was in the process of working together with the opening through the entrance of the elevator with 501 1-2 Rashes in Gui-si, Gui-si.

Since the entrance and exit of people is the entrance and exit, there was a duty of care to prevent the people from harming the opening of the dog by cutting down or breaking the shoulder line to the people.

Nevertheless, the Defendant neglected this and caused injury to the victim in the number of days of treatment by having the victim D (the age of 24) who entered an apartment house with a pet dog without putting the pet dog over and without putting it over, and having the victim do so one time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Relevant photographs, investigative reports, certificates of medical treatment, and receipts;

1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes to confirm and report the result thereof;

1. Article 266 of the Criminal Act applicable to the crime, Article 266 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act, the defendant and his defense counsel asserted that the victim was injured by the defendant's opening, but this is only caused by the negligence of the victim, and that the defendant has no negligence in breach of the duty of care to manage the dog.

On the other hand, the following circumstances acknowledged by this Court comprehensively based on the evidence duly adopted and examined by this Court, i.e., ① the victim showed from the investigative agency to this court that the Defendant, before the entrance of the apartment at the entrance of the apartment, left the elevator with his own dog in front of the entrance of the apartment.