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(영문) 서울중앙지방법원 2019.10.23 2019고정1088
과실치상
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

Around 01:00 on August 5, 2018, the Defendant: (a) viewed the victim C (n, 26 years of age) and D in the street around the Gangseo-si Yacheon-si Yacheon-si, Gangwon-si; (b) caused the victim C (n, 26 years of age) and D to play “D” in the following manner: (c) the Defendant was faced with D’s shoulder, so D’s shouldered with D’s shouldered, lost its center; and (d) the victim, who was next to the Defendant, in turn, suffered injury, such as the outbreak of the d’s clothes in order to catch D, which requires approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Examination protocol of suspect against the accused by the prosecution (defluence: C, D);

1. The defendant and his defense counsel asserted that, although the defendant was able to play as even after the defendant was pushed off with the victim, the defendant did not directly live with the victim, and that there was no causal relationship because the defendant's appearance exceeds the victim's degree, not with the victim's direct living, but with the victim's appearance, the defendant's lawful adoption and investigation by the court below are as follows: (i) the defendant was booming with the victim's walked at the forest path where the defendant does not have a view at a time and place where the accident occurred, and it is hard to expect that the victim was able to play in the forest path where it was not secured at the time when the accident took place, and in light of the time and place, it is difficult to expect that the victim was able to play in the forest path where the victim was able to play in the future, and (ii) it appears that the victim could have been able to have done so more than the victim's right at the time when the accident took place.

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