logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2021.02.17 2020고정702
과실치상
Text

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

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

Reasons

Punishment of the crime

The owner, etc. of an animal shall take safety measures, such as a neck, when leaving the animal accompanied by the registered animal, and shall have the duty of care to prevent the animal from causing any harm to the human body by complying with the duty of safety measures.

Nevertheless, on June 26, 2020, the Defendant 21:10 on the road in front of Seo-gu, Busan at around 21:10, the Defendant saw that his return dog was unsatisfyed and her return dog was unsatisfyed, and asked the victim C ( South and 16 years old) to return the dog. On behalf of the victim, the victim requested the return dog to be satisfy, and the victim satisfyed a return dog to be satisfy, thereby making the left part of the dog to be satched from the return dog, thereby having the victim take an open part of the body part that requires approximately two weeks medical treatment.

As a result, the Defendant violated the safety measures such as a neck while leaving the country with the registered pet dog, and at the same time, violated the duty of care to prevent the return dog from causing any harm to another person's body, and suffered such injury as above to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. A report on the occurrence of the relevant accident (Bodily injured by negligence) and a medical certificate (such as a return dog, check, etc.);

1. Application of Acts and subordinate statutes by cutting down the video of the said vessel, such as the victim's upper part and his/her photo and the suspect;

1. Article 46 (2) 1-3, Article 13 (2) of the Protection of Animals Act (the fact of causing a violation of safety measures) and Article 266 (1) of the Criminal Act concerning the crime;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act (Punishment prescribed by a crime of violating the Protection of Animals which is heavier than punishment)

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 concerning the order of provisional payment;

arrow