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(영문) 수원지방법원 2018.11.22 2018고정1345
과실치상
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who raises one ma in the name fix in the next garden in the residence, and the victim B is a tenant who resides in the next house of the defendant A, the owner of the building.

Around 11:40 on April 18, 2018, the Defendant was able to cover one string in his/her dwelling place, and the Defendant was negligent in performing the duty of care to safely manage the dog, even though he/she was well aware of the fact that the dog is likely to be cut off, if the dog was cut back on the side, he/she can cover a string, and even if he/she was aware of the fact that the dog was set off on the side, he/she was able to cut off the dog, and neglected to install a pents around the dog and manage it safely.

As a result, after the dog strings down to the victim B (the other, the 62 years old) residing in the adjoining area, the strings of the victim's right arms one time, and after asking the part of the right mouth and the part of the strings of the victim, the strings were asked at the same time, and the 3 strings of the victim, such as the fall away from the left side of the string of the string, the strings, and the strings suffered injury that requires approximately 6 weeks of treatment, such as the damage of the lower part of the strings, the heat, and the strings.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Data concerning photographs of victims;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) in the order of provisional payment is that the victim only saw to the neighbor who tried to combine the unexploded defendant, and there is a negligence of the victim in the course of his/her marriage.

It is difficult to see that there is a post-beatary gift, such as the fact that the victim actually suffered serious injury to the extent of being hospitalized for not less than eight weeks, the victim is able to be able to frighten and to make it difficult for the victim to properly do so

The defendant does not compensate the victim for the damage.

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