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(영문) 제주지방법원 2019.06.21 2018고단2930
과실치상
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who raises 5 matat in the defendant's residence in Jeju-si B, and the victim C is a person who resides in adjoining area of the defendant.

Since the opening is at the risk of inflicting harm on others, a person who displays a dog has a duty of care to prevent such danger, such as binding of the dog or putting it on the fence.

Nevertheless, on June 2, 2018, the Defendant neglected the management by neglecting to properly keep the bat lines of the said dog, etc., and caused the victim’s injury to the left side of the said dog, where the 3-maat fat fat fat, unfated by the Defendant, going back to the Defendant’s house and going back to the road adjacent to the Defendant’s house beyond the fence, resulting in the victim’s injury to the left side of the fat fe, etc., not requiring a medical treatment for about two weeks.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer C on the statement; and

1. Entry in a petition filed by C;

1. To enter into an investigation report (the diagnosis report submitted by the victim) prepared by the prosecution;

1. Statement of investigation report (on-site confirmation) and images (including attached documents) of police preparation;

1. To describe a copy of a medical certificate with respect to C in the draft of doctor D;

1. Application of each of the visual Acts and subordinate statutes to images of damaged parts;

1. Relevant Article of the Criminal Act and Article 266 (1) of the Criminal Act concerning the selection of punishment;

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

1. 【The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Provisional Payment Order 【The scope of applicable sentences of law】 A fine of KRW 50,00,000 to KRW 5 million 【Pronouncement of Sentence】 The sentence of fine of KRW 1 million was not properly managed. The circumstances favorable to the defendant's failure to take advantage of the victim: The defendant appears to have been aware of his mistake; the defendant paid part of the medical expenses to the victim; and the defendant paid part of the medical expenses to the victim.

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