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(영문) 춘천지방법원 2018.03.22 2017고단1338
과실치상
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a public house with the trade name of “C” and raises a sexual dog, etc.

On November 5, 2017, the Defendant neglected his duty of care to raise the dog safely by means of cutting the dog so that the dog does not water or wear any other person, or wearing protective equipment such as the dog, installing fences, correcting the entrance, and preventing it from leaving the door without permission, and thereby neglecting his/her duty of care to open the dog out and work in the nearby dry field, thereby causing injury to the victim E (n, e.g., 53 years old) (n, e., e., the right side part of the body part requiring treatment between two months.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes to photographs and diagnosis reports of injuries inflicted on a victim;

1. Article 266 of the Criminal Act applicable to the crime, Article 266 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act lies in the circumstance in which the defendant recognized the crime and took an attitude against the defendant, and the fact that there is no criminal record exceeding the fine, etc. is favorable to the defendant.

However, it seems that the degree of injury of the victim appearing in the victim's side pictures and diagnosis is very serious, and that the victim's punishment is desired because the victim has not been paid any economic compensation, etc., the damage is disadvantageous to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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