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(영문) 서울북부지방법원 2016.08.19 2015고정1495
과실치상
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant was a person who was a training soldier of the 15 Boick Association.

On March 16, 2014, at around 16:00, the Defendant reported that the victim D, who was suffering from the same training in the 15 Bosup University C Living Room of the 15 Bosup University of the 15 Bosup University, was seated on the ground that he was living in the 15sup University of the 16th Sup University.

The defendant has a duty to pay attention to prevent the other party from being able to force even if the other party's force is excessive to the other party.

Nevertheless, the Defendant neglected this and neglected to set up both parts of the victim's shoulder in the rear side of the victim's hand, and the victim left his body in order to get out of it, and caused the victim's right shoulder to the right shoulder.

As a result, the defendant suffered injuries, such as downflows and net heat, after visiting the right to the right subject to approximately 10 weeks of treatment.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Each police statement made to F or D;

1. G statements;

1. Application of Acts and subordinate statutes to a written confirmation of hospitalization, written diagnosis, a copy of medical record, details of health insurance benefit, and records of outpatient medical treatment;

1. Article 266 (1) of the Criminal Act applicable to the relevant criminal facts and Article 266 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act are merely limited to the case where the defendant and his defense counsel could have sufficiently predicted between men and women in the same way. The defendant's act constitutes a justifiable act that does not go beyond the socially reasonable scope. However, the defendant's act is acknowledged by the evidence of the judgment, such as the motive of the defendant's act, the degree of force inflicted on the victim, the degree of force inflicted on the victim, and the situation before and after the case.

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