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(영문) 대구지방법원 경주지원 2017.03.29 2017고정50
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 defendant is a person who resides in the victim C (math, 64 years of age) and neighbors.

On November 12, 2016, at around 10:00, the Defendant opened a gate before the house of the victim C of the D victim C, and kept the door in hand, and dialogueed with the victim.

If the defendant's losses were caused by the structure of the gate, the door is closed on his own, and the victim's losses are likely to be damaged by the gap, so there was a duty of care to prevent the occurrence of danger in advance.

Nevertheless, the defendant left the door in the tank so that the door closes, and the victim's left hand hand over crepans caused approximately 4 weeks of treatment to the victim as a unit, and the victim was faced with a brush in the crepans.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions for facts constituting an offense and Article 266(1) of the Criminal Act for the selection of punishment (the selection of punishment, the confession of a defendant, the old and no criminal records exist, and the degree of negligence, etc. of a defendant);

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;

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