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(영문) 대전지방법원 서산지원 2020.05.27 2020고정45

과실치상

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who manages "D" in Seosan-si B, and raises a pet dog of a pet of a pet of a pet of a pet of a pet of a pet.

A manager of a pet dog has a duty of care to take necessary measures, such as fixing a pet dog so as not to cause any danger to others, such as the pet dog's leash, etc.

Nevertheless, on March 24, 2019, the Defendant neglected to do so, and caused the victim to cover the victim C (the age of 36) where the said thirretur was discharged by negligence without fixing the thirretrosis’s upper line before ‘D’ around 17:00, and the victim exceeded the floor.

Ultimately, the Defendant suffered from the victim’s injury, such as cutting the pelle of the pelle, which requires approximately six weeks of medical treatment, by such negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A medical certificate of diagnosis (the defendant asserts that the failure of fixing the pet line within the ground under his management does not constitute negligence. However, D is designated as cultural heritage, and the place where the accident in this case occurred is likely to easily accessible to the general public because there is no facility outside the D building to prevent people from entering the area. Accordingly, the defendant has a duty of care to prevent risks, such as pet lines, leading to the passage of the area, by taking measures, such as fixing the pet lines, etc. In such a place, and the defendant has a duty of care to prevent danger, and the victim was injured by negligence for which he did not take such safety measures. The defendant's assertion is without merit).

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;