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(영문) 부산지방법원 2017.06.28 2017고정692
과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On December 6, 2016, at around 19:14, the Defendant was engaged in satatatus owned by himself in front of Busan Doo-gu.

In such cases, he/she has a duty to pay attention to the management of his/her dog such as wearing a dog to prevent such dog from harming others or from harming them.

Nevertheless, the victim C (the remaining, 40 years old) who was neglected to perform his duty and passed the alleyway of the above place.

"At the end of the year, I would like to ask the right end of the victim to suffer from the bellhy (water in the pathal) where the number of days of treatment can not be known.

2. On the same day as paragraph 1, when the victim D (son, 48 years old) who passed along the road by negligence, such as paragraph 1, at the same place as around 19:15 on the same day, and when the victim D (son, 48 years old) passes, the Defendant suffered an intersection where it is impossible to identify the number of days of treatment by asking the victim's left hand and left buckbucks.

Accordingly, the defendant caused the victims to be injured by negligence over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Police investigation report (as to the situation, etc. at the time of mobilization);

1. Application of each statute on photographs;

1. Relevant Article 266 of the Criminal Act and Article 266 (1) of the Criminal Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of each of the instant cases is to be mitigated than a summary order, comprehensively taking into account all the circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, criminal conduct, environment, motive, means and consequence of the crime, etc., and the following circumstances.

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