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(영문) 대전지방법원 천안지원 2015.08.04 2015고정198
과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On August 23, 2014, at around 09:00, the Defendant laid around trees in order to prevent the falling of fallen leaves from falling off to the mountain, after overtakinging tin and having finished a sclimatic work in the Defendant’s mountain located in Chungcheongnam-gun Hong-gun.

Accordingly, the defendant used the electric saw (40 cm in length) to cut the surrounding trees and started work. During that period, the victim E (37 years old) who is the dynamics of the defendant was approaching the dynamics of the defendant, and the victim E (37 years old) who is the dynamics of the defendant was approaching it.

In such cases, a person who intends to cut trees using a saw has a duty of care to prevent accidents, such as checking whether he/she has a person in the counter-working of the saw, etc.

Nevertheless, the Defendant neglected this and did not cause a victim in the vicinity to go out of the scope of his work and did not cause the victim to go out of the scope of his work, and the Defendant saw the victim to go out of the front saw by using the front saw, and suffered damages, such as damage to the land and power lines of the front saw on the left side of the victim's port side, along with the trees.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of witness D;

1. Report of investigation-tosaws (cs-3703s) photographs of chain saws (cs-3703s) and statement of obtaining photographs of wood cutting

1. Descriptions of a medical certificate and a written confirmation of entrance and discharge;

1. Application of image Acts and subordinate statutes to images of the damaged body photograph;

1. Relevant Article of the Criminal Act and Article 266 (1) of the Criminal Act concerning the selection of punishment;

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

1. The Defendant was guilty of Article 334(1) of the Criminal Procedure Act, and the Defendant was able to take care of the victim and others, including the victim, before the booming work, and the victim was injured at the front chain saw of the Defendant, who was on the booming part of the tree, due to the booming of the victim who was on the booming part of the tree. The Defendant was within the radius of the booming work.

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