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(영문) 대구지방법원 상주지원 2014.04.08 2013고정143
과실치상
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant had a duty of care to thoroughly manage the opening of a dog in order to prevent any other person from suffering from a dog in this case, who raises a 5-year-year-old dog in a residential area in C at the time of residence.

Nevertheless, on June 10, 2013, the Defendant did not thoroughly manage the opening lines, asked the victim's right side side side of the victim E (n, the age of 85) who was released from the upper end of the house of the victim E (n, the age of 85) at the time of stay at around 16:0 on June 10, 2013, and suffered injury to the victim, such as an open top room, which requires approximately two weeks of treatment.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to entries in a general medical certificate;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The argument that the Defendant was keyed was recognized as the fact that the Defendant was unfolded at the time of the instant case, but the fact was due to the fact that another person, other than the Defendant, was well set up, and the opening did not look at the victim.

2. In full view of the following circumstances acknowledged by the foregoing evidence, namely, that a person, other than the defendant, has no motive to set the Defendant’s line well, and the victim’s upper wife coincides with the Defendant’s upper wife taken by him/her, the fact of injury caused by negligence as indicated in the judgment below can be acknowledged by the Defendant.

Therefore, we cannot accept the arguments of the defendant and his defense counsel.

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