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(영문) 춘천지방법원 강릉지원 2016.10.26 2016고단613
과실치상
Text

Defendant shall be punished by a fine of five million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

At around 09:00 on March 4, 2015, the Defendant, at the end of the Defendant’s residence located in the East Sea, she cut the fire fighter to be used for the victim’s house in the front knife with the victim D (the age of 62) who was living in the same kind of dong knife.

Since such a sawer has a method of turning down the original form revealed externally, and there is no special safety device installed, the user has a duty of care to use the sawer by checking whether there are other objects such as parts of human body, etc. in addition to the objects to be cut down below the original saw, and operating the sawer safely.

Nevertheless, the Defendant neglected this and caused the victim to cut down the trees to be used in the fire saw in his hand and cut down the above trees on the lower saws below the original saws, but did not confirm it properly and cut down the victim's right hand hand hand saws due to the negligence of operating the electric saws without properly checking it.

Ultimately, the Defendant suffered a complete cutting of the second balance of the right side, which requires the victim's treatment for about five weeks, by the above negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. D's statement among the suspect interrogation records of each prosecution against the accused;

1. Each police statement made to D and E;

1. A complaint;

1. Each investigation report (Attachment of On-the-spot verification video records, report on EF telephone recording or hearing of statements);

1. Each photograph and related photograph;

1. Judgment on the defendant's assertion in a medical certificate

1. The gist of the allegation is that the instant accident was cut off by a knicker’s hand on the left side of the electric knicker, which merely cut off the part of the Defendant’s ship due to the knicker’s knick tree intending to throw the knicker to the right side of the electric knicker, and thus, the Defendant is not guilty.

2. Determination: Provided, That this shall not apply;

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