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(영문) 춘천지방법원 2018.02.08 2017고단822

폭행등

Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A

A. On March 31, 2017, the Defendant: (a) was negligent in neglecting his/her duty of care to wear protective outfits, such as cutting the dog in a short line, or to wear protective outfits, so that the dog does not harm or injure any other person; (b) the Defendant’s dog, who did not carry protective outfits, such as the opening of the dog in his/her possession, carried the dog into the victim F (at the age of 38), followed the victim by asking the victim F (at the age of 38) for his/her fingers, etc.; and (c) on the left side of the 2 weeks of treatment.

B. At the above time and place, the Defendant committed an assault against the victim 2 to 3 times due to the Madsan, which was cited by the Defendant, committed an assault against the victim 2 to 3 times.

Summary of Evidence

1. Defendant A’s legal statement

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement of reference witnesses by the prosecution concerning G and H;

1. The application of Acts and subordinate statutes to arrest and report the occurrence of the case, dispatch reports to the scene of violence, photographs of the scene and the damaged parts, diagnosis reports (F), photographs of the damaged parts, photographs of the damaged parts, the list of reported cases in 112, and investigation reports (to listen to the I telephone statement of the witness in this case);

1. Relevant Article 266(1) of the Criminal Act and Article 266(1) of the Criminal Act (the act of causing bodily injury by negligence) and Article 260(1) of the Criminal Act concerning the crime, the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 provides that the risk of human life damage by neglecting management over the check of the reason for sentencing of the provisional payment order is large; rather, the Defendant’s assaulting the victim after the occurrence of the accident is disadvantageous to the nature of the crime; the degree of injury is insignificant; and the Defendant’s primary offender is minor; and the records of this case, such as the Defendant’s age, sexual behavior, health, and circumstances after the crime, are considered as favorable.