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(영문) 울산지방법원 2018.09.21 2017고정1280
과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who raises a writing.

In raising a dog, the defendant has a duty of care to refrain from raising a dog using a wooden rope or fence.

Nevertheless, on April 4, 2017, the Defendant raised and around 15:20 on April 4, 2017, and around 15:20 on the C parking lot located in Gyeyang-si B, Yangsan-si, asked the victim D (n, 56 years old) to ask the victim's left side of the victim, thereby causing an injury whose treatment period is unknown.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Some statements made against the defendant during the police interrogation protocol;

1. A general medical certificate (D);

1. The internal report (such as attaching photographs), investigation report (CCTV image data), and CD attachment [the defendant and defense counsel] [the victim's opening is changed to the purport that it is not the defendant's key, but the other one, but the victim's opening is other than the defendant's key. However, this court may recognize the following circumstances by the evidence duly investigated and adopted by the evidence: ① The appearance of the victim's key at the time of the instant case is confirmed as CCTV image; ② the defendant's dog was presumed to have been pregnant, and there was a possibility that the victim could have interested because the victim was aware of the pet. ③ The victim was the victim's own body and the victim confirmed his door after the end of the instant case.

statement, the description of the person himself is consistent with the shape of the defendant's kid, and there was another dog in the surroundings.

In light of the common sense that deeming that there is little probability that he/she is aware of his/her opening by mistake, etc., it is reasonable to deem that he/she is a victim by mistake, etc., and that the application of statutes is reasonable to deem that the Defendant is a victim.

1. Article 266(1) of the Criminal Act and Article 266(1) of the same Act concerning criminal facts, the choice of fines, etc.

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