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(영문) 전주지방법원 정읍지원 2016.05.10 2016고단61
과실치사
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 14:30 on December 31, 2015, the Defendant used a mechanical saw in order to use it as a fire fighter on the front Balton-gun of North Korea (U.S.).

Since the above pine trees are far away from the road where pedestrians frequent and approximately eight meters of pine trees are used on the road, there was a risk of death due to this, so the Defendant, who was sprinking the above pine trees, was obliged to exercise due care so that pine trees do not go beyond the road, and there was a duty of care to prevent the above accidents by installing warning boards in preparation for the cases where pine trees go beyond the road.

Nevertheless, the defendant neglected this and caused the above pine trees to face with the head of the victim D (the age of 60) where he saw out from the road by negligence when he saw the pine trees to go out of the road.

Ultimately, the Defendant caused the death of the victim due to the above negligence, such as the two frameworks at around 14:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to written reports on death of a corpse and results of field identification;

1. Relevant Article 267 of the Criminal Act concerning the facts constituting an offense, Article 267 of the Criminal Act selection of punishment, and selection of fines

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

1. As a result of the instant crime committed by the Defendant’s negligence on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant may not be asked for the charge of the instant crime.

However, the defendant agreed with the victim's bereaved family members, and his bereaved family members want to use the defendant and take the defendant, and the defendant himself is also the defendant due to the accident of this case, because of the victim's friendship with the victim.

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