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(영문) 대구지방법원 포항지원 2016.04.20 2016고단139
업무상과실치상
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

The defendant is a person who has obtained permission to capture by proxy animals from the competent administrative authority and has to take care of them using a hunting gun.

On December 23, 2015, the Defendant, at around 10:00 around 10:1, 2015, considered that 1maritha in the grass forest of the above farmland was rush, and launched the rush gun.

In such cases, the defendant engaged in hunting has a duty of care to prevent the occurrence of firearms by thoroughly checking the presence of people around the shot gun before the launch.

Nevertheless, the Defendant neglected to do so and neglected to capture the above shot gun at approximately 36 meters before the Defendant’s day, which was a single frighter of the victim G(59 Do) and was engaged in hunting at approximately 56 meters of the Defendant’s day-to-day fright, and suffered from the victim’s pulmonary pulmonary treatment or other damage during the treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A general medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of field photographs) and investigation reports (Attachment of photographs of a victim);

1. Article 268 of the Criminal Act and the selection of fines concerning facts constituting an offense;

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

1. Although the use of firearms for the reason of hunting for the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order requires separate attention, it may have been negligent and may have caused uncomponing results;

As a result, the criminal liability is not easy.

However, the defendant is a contingent accident that occurred in the situation where the victim did not confirm the location of the victim because the tree of the front side at the time interfered with the view of the situation, the fact that the victim agreed smoothly with the victim, the progress of the treatment of the victim is good, the fact that there is no specific criminal punishment except for the one-time fine, reflects the fact that there is no specific criminal punishment, and others.

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