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(영문) 대전지방법원 2016.06.09 2016고정69
과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who fats a machine, and the injured party C is residing in adjoining areas of the defendant.

A person who raises a dog is at all times obliged to put his dog in danger of harming other persons, and thus, the person is obliged to put the dog into the fence and prevent such danger.

However, on June 8, 2015, the Defendant neglected the above management with respect to fat, the Defendant, on the street around 23:31, 2015, went on the victim’s left shoulder and left part of the victim’s fat, who was going to go out of the house in front of the Daejeon-gu D Apartment 1, Daejeon-gu, Seoul, by asking the victim’s left shoulder and left part.

As above, the Defendant suffered injury that requires four weeks’ medical treatment, such as the NOS of Cirs Animals NOS, the open upper part of shoulder, and the next bridge dives open upper part, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a photograph of which the person is key;

1. Article 266 (1) of the Criminal Act applicable to the relevant criminal facts and Article 266 of the choice of punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s satatat could not go beyond the fence, and could not move out the gate in any other way.

Therefore, there is no negligence on the defendant, and the victim's dog can not be the defendant's satat.

2. According to the evidence of the judgment, the defendant's medical dog is located outside of the mixed mar house, and the victim's mat, the defendant's mat was fat outside of the mixed mat, and the defendant opened a mat door to get the mixed mar, and the defendant was able to open the mat and move out the mat even after opening the mat.

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