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(영문) 대전지방법원 2021.03.23 2020고정953
과실치상등
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

Although the owner of the return dog must take safety measures such as the neck when going out, the owner of the return dog shall be accompanied by the return dog, and the defendant shall purchase the goods in Seo-gu, Daejeon and Seo-gu, Daejeon on June 17, 2020, and shall not put up 2 maths of the return dog, and the defendant's return dog shall report the return dog of the victim D (n, 48 years old) who passed the above mat, and one math in order to avoid this, the defendant suffered injury to the victim's open part of the other part of the following arms which require approximately 3 weeks medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report of the defendant's written statement D in his/her legal statement (other party to a shote) to the victim's bodily injury, to the CCTV closure photographs and to a diagnosis report

1. Article 266 (1) of the Criminal Act applicable to the crime (the fact of injury caused by negligence) and Article 46 (2) 1-3 and Article 13 (2) of the Animal Protection Act (the fact of violation of the duty to take safety measures, such as a rope), concerning the crime;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act (Punishment prescribed by a crime of violating the Protection of Animals which is heavier than punishment)

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

1. The scope of applicable sentences under the law for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Provisional Payment Order: The circumstances favorable to the defendant should be taken into consideration that the defendant was the first offender who has no record of committing any crime, and that the defendant recognized the crime of this case and against whom the crime of this case is committed.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as the same as the order.

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