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(영문) 서울서부지방법원 2015.06.18 2014고정1705
과실치상
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around 19:00 on February 10, 2014, the Defendant, at the office of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Daro (hereinafter referred to as “E”), was dismissed from the victim and was holding a house that was used in a usual manner after being dismissed from the victim at the office of “E”, and the Defendant could be punished for dispute with the victim. If the Defendant and the victim were to get out of the room, it would be possible for the victim to go out of the above room. Therefore, even though there was a duty of care to not do such act, the Defendant, while neglecting the above duty of care, caused plastic chairs who were installed in front of the Defendant to go out of the hand, and caused the part of the bridge to be faced with the victim’s left side side of the bridge.

Ultimately, the Defendant suffered from the above negligence that caused the victim to die on a bridge that requires approximately 14 days of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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 provides that the defendant guilty of the provisional payment order asserts that there was no fact that he had inflicted an injury on the victim by leaving the victim’s interest.

(1) However, in this court, the witness F made a statement that the Defendant was "the victim" by pushing the victim's her will, and that the next day was above the upper part of the body, and the contents of the statement were specific and detailed; ② the upper part of the body photographs submitted by the victim shows a flicker due to flicker's himself (the sixth page of the investigation record); ③ the victim's injury diagnosis report (the 17th page of the investigation record) issued by the investigative agency on February 11, 2014, which was submitted by the victim to the investigation agency, was the cause and details of the injury as indicated in the crime.

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