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(영문) 창원지방법원 마산지원 2020.06.16 2020고정32
중과실치상
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant shall raise a dog of Malaysia in the Gyeong-gun B wood farm in Gyeong-gun, Gyeongnam-gun.

The Defendant had a duty of care to ask another person’s salt before the opening of the rash in which he raises, ask another person’s salt, ask another person’s pet dog to compensate for damage, and there was a enemy who requested that the dog be put in a large dog on several occasions, and thus, the opening of the dog would be a threat to the large dog, and thus, the Defendant had a duty of care to keep the dog from being put in a rash or a fenced so as not to inflict any harm on another person.

Nevertheless, at around 05:00 on May 26, 2019, the Defendant caused the injury of the victim D (V, 60 years of age) in the area of Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-nam on May 26, 2019 due to gross negligence, where the Defendant laid the line to the opening or left the top of the victim's hand, and caused the victim to suffer the injury of the victim, such as the left hand hand hand and the hand hand hand, which require approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. A report on investigation (attaching photographs of the victim's attack);

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Sentenced public prosecutor: Fines of three million won.

4. The Defendant, who was sentenced, left a key dog without safety measures, thereby causing injury to the victim.

In addition to the defendant's opening of the victim's opening of the victim, it seems that the victim suffered from death by asking the victim's pet dog, and the mental shock seems to be greater.

Nevertheless, the damage is recovered.

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