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(영문) 서울남부지방법원 2016.05.11 2015고정2259
과실치상
Text

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

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

Reasons

Punishment of the crime

On April 25, 2015, around 07:00, the Defendant passed the departure inspection zone of the Incheon International Airport International Airport International Airport Line 3 located in Jung-gu Incheon, Jung-gu, Incheon, and had a passage to leave a duty-free shop.

It is an airport passage through which many and unspecified people pass, so there was a duty of care to keep the defendant from facing others.

Nevertheless, the defendant neglected this and got the victim to go up to the floor by facing the victim C who was ging in the middle where he was galed by changing the direction of the victim.

Ultimately, the Defendant suffered from the Defendant’s negligence such as the two-month pressure for the two-month medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the victim C;

1. Medical certificates and investigation reports (a related investigation conducted by related persons) [The defendant's "the injury of the victim was caused intentionally by the victim and the injury of the criminal facts was based on the king evidence, the defendant was not negligent in entering the criminal facts, and there was no relation between the conflict of the defendant and the injury of the victim."

“Along with the assertion to the effect that the injured party went to the future, even though taking account of the evidence as stated in the judgment, including the victim’s legal statement, the injured party did not see at the time.

Even if the defendant was at fault at fault at the time of leaving the direction of the victim in the opposite direction, and the victim was at fault going beyond the floor due to the collision with the defendant, and the pressure frame of criminal facts is sufficient to recognize the relationship between the collision between the defendant and the injury of the victim, and thus the defendant's argument is rejected.)

Application of Statutes

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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