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(영문) 서울중앙지방법원 2020.2.19.선고 2019고정2429 판결
과실치상
Cases

2019.Bodily Injury by negligence

Defendant

A person shall be appointed.

Prosecutor

The number of public prosecutions (prosecutions) and Lee Jong-young (Public Trial)

Defense Counsel

Attorney Park Jong-young (National Election)

Imposition of Judgment

February 19, 2020

Text

A fine of KRW 300,00 shall be imposed on a defendant.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

On August 25, 2019, the Defendant: (a) around 2019, the 14-ro 14-ro, Dongjak-gu, Seoul; (b) the principal who raises a satch in the street, was negligent in taking necessary measures, such as that the satch he/she is another person or would not be able to do so; and (c) he/she was able to take necessary measures, and (d) he/she was faced with the victim B’s sbuckbucks that he/she walk along with the satch, and was able to buck up the victim’s satch for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A complaint, a written diagnosis of injury, and the body photograph;

Application of Statutes

1. Article applicable to criminal facts;

Article 266(1) of the Criminal Act; Selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Judgment on the defendant's argument under Article 334 (1) of the Criminal Procedure Act

1. The assertion;

Since the Defendant had taken necessary measures to prevent the other person or the other person's squive, it cannot be said that there was negligence on the part of the Defendant.

2. In light of the following circumstances that can be acknowledged by the aforementioned evidence duly adopted and investigated by this court, namely, it is acknowledged that the Defendant did not take necessary measures, such as maintaining the length of the buck line so as not to inflict any harm on others or the wheels, in light of the following circumstances: (a) the Defendant’s buckbucks, which the Defendant, together with the Defendant, carried to B, was able to bring about the bucks; and (b) at that time, it does not seem that B had engaged in any act that could stimulate the bucks; and (c) at that time, the Defendant did not take necessary measures, such as maintaining the buck lines so that the bucks do not cause harm to others or the wheels, etc.

Furthermore, even if the vehicle in which the pattern of the Defendant and the Defendant together carried a book depends on B, which was a sudden string of the vehicle, where the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the st

3. Sub-resolution:

The defendant's assertion shall not be accepted.

The reason for sentencing is that the defendant has no record of criminal punishment during the period of punishment, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions of the punishment shown in the arguments of this case, such as the circumstances after the crime, shall be determined in the same manner as the order.

Judges

Judges or higher-ranking

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