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(영문) 부산지방법원 2016.08.17 2016고정1257
과실치상
Text

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

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

Reasons

Punishment of the crime

From around 2013, the Defendant covered the lids of plastic garbage with plastic garbage in order to prevent malodor from spreading in the sewage mouth installed in front of the house of the Defendant located in Busan Dong-gu C, and fixed it with steel yarn.

Since the place is where there are many ordinary people, it is necessary to take measures such as installing warning plates or anti-slick prevention devices or selecting slicking materials so as to prevent malodor emitted from the sewage outlet from being covered by packaging materials, such as plastic products, in order to prevent malodor emitted from the sewage hole.

Nevertheless, the Defendant did not take any separate measures to prevent the depression in breach of such duty of care, and on July 12, 2015, the victim D(67 years) who passed the above place around 06:10 on July 12, 2015, followed the vinyl covered by the sewage lid, and the left part of it was left.

Ultimately, the Defendant suffered from the victim’s negligence as above, which requires approximately 16 weeks of medical treatment, or other landscape at the bottom of the river.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A certificate of hospitalization, a written opinion, and a medical certificate;

1. Application of statutes on site photographs;

1. Article 266 of the Criminal Act applicable to the crime, Article 266 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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