logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.15 2017노3701
과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that a person who was misunderstanding of the fact was injured by her fingers because he was involved in the dog owned by the defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of a fine of KRW 300,000 sentenced by the lower court is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts reveals the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim consistently stated in the court of the court below and the investigative agency that “the victim suffered a wound by asking the victim’s opening of the dog owned by the defendant, and removing the dog in the process of removing the dog,” and ② the diagnosis issued by the victim contains the same indication as “by dog” (as evidence No. 51 of the trial record, No. 7 of the evidence record), ② the statement issued by the victim was confirmed by the victim’s right finger (as evidence No. 14 of the record), ③ the witness who observed the situation immediately after the instant case was sufficiently supported by the victim’s statement to the effect that “the victim was removed by the victim’s knife and the knife of the knife by hand and the knife of the knife by hand” (as evidence No. 15 of the victim’s knife).

Therefore, it is just that the court below found the defendant guilty of the facts charged of this case, and there is an error of law affecting the judgment by misunderstanding facts

subsection (b) of this section.

This part of the defendant's assertion is without merit.

B. It is recognized that the Defendant paid some of the money under the name of the medical expenses of the victim's Gangwon-do. However, the damage caused by the instant case is sustained.

arrow