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(영문) 서울북부지방법원 2018.5.18.선고 2017고정2295 판결

과실치상

Cases

2017Bodily Injury by negligence 2295

Defendant

A person shall be appointed.

Prosecutor

○○ (Acting for Prosecutor, Prosecution, etc.) and Lee ○-○ (Trial)

Imposition of Judgment

May 18, 2018

Text

Defendant shall be punished by a fine of KRW 2,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

The defendant is also a person who 7 maritha in Liber test color, etc., and the victim ○○○ (year 41) is a person who resides on the side of the defendant.

A person who raises a dog has a duty of care to keep the shoulder from causing any safety accident while putting the shoulder and preventing any other person from committing any dangerous or threatening act.

Nevertheless, around 00 on August 7, 2017: around 00, the Defendant, at his own house located in Dongdaemun-gu Seoul, opened the gate instead of combining the 4-math of the above openings. By negligence, the above opening the gate and the victim’s left part of the gate that the above openings and the Defendant’s house had been living in front of the above openings, and the victim of play was in excess of the ground floor.

The Defendant suffered injury to the victim by the above negligence, such as 'the head of the water in the lower part of the left part', which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of statement to ○○○;

1. A medical certificate;

Application of Statutes

1. Article applicable to criminal facts;

Article 266(1) of the Criminal Act; Selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Hong-ro