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(영문) 서울북부지방법원 2020.08.20 2020고정636
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

around 13:16 on January 9, 2020, the Defendant was waiting for the calculation of electric wheelchairss in the Cmate Relay Calculation System located in Nowon-gu in Seoul Special Metropolitan City.

At the time, the accused, including the victim D (man, age 81), had a duty of care to prevent harm to others by stopping the electric wheelchairs and accurately manipulating it.

Nevertheless, the Defendant neglected to do so and led the front manual chairs, sealed the shopping cart in front of the Defendant, and got the victim faced with the said shopping car, thereby causing the victim to suffer approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each investigation report (CCTV image and telephone communications with victims D) in a written injury diagnosis report;

1. Relevant Article of the Criminal Act and Article 266 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that it is difficult to view that the nature of the crime is light in light of the degree of damage caused by the instant crime, the victim still desires to punish the defendant, and the defendant has a record of being punished by the suspended sentence of imprisonment without prison labor for the same crime in the past.

However, on the other hand, there are favorable circumstances, such as the confession and reflection of the instant crime. The punishment as ordered is determined by comprehensively taking account of such circumstances and other various sentencing conditions as the Defendant’s age, health status, family relationship, environment, motive and circumstance after the crime, etc., and the circumstances after the crime.

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