logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.06.25 2018노576
과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s opening of the misunderstanding of fact is not included in a small dog, and there is negligence in not entering the said dog.

It is not possible to see the victims, and as the victims tend to open the defendant, there is no negligence in breach of the duty of care for the defendant.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below can sufficiently recognize that there was negligence on the part of the defendant who did not properly manage the defendant's dog on the day of the case, taking full account of the following: ① the defendant's opening appears to have shown a somewhat aggressive tendency to ordinary people, such as the person's writing, etc., even before the opening of the defendant, but the defendant did not take additional measures, such as shorting or opening the neck, and ② the situation in which the victims did not specifically act to stimulate the defendant's dog on the day of the case. Thus, the defendant's assertion of mistake of facts is without merit.

B. As to the wrongful argument of sentencing, the degree of injury of each victim cannot be emphasized, and the fact that the defendant has no criminal record for the same kind of offense is favorable to the defendant.

On the other hand, the crime of this case was committed by asking two victims who were raised in the street by negligence due to the defendant's failure to fulfill his duty of care, and the nature of the crime is weak, but the defendant did not agree with the victims and did not recover from the damage properly.

There is no change in circumstances in which the punishment of the court below can be mitigated specially in the trial.

Considering the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant.

arrow