(영문) 의정부지방법원 2016.06.30 2016고정396

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(영문) 의정부지방법원 2016.06.30 2016고정396

과실치상

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

The defendant is a neighbor who is a person who raises a dog at home and is living in the same building as the victim C (n, 58 years of age).

On July 26, 2015, the Defendant: (a) neglected to manage the Defendant’s residence at the math floor of the 1st floor in order to leave the country; (b) in order to prevent the Defendant from spreading out of the house; and (c) thereby not being bound to reduce harm to others; and (d) caused the Defendant to suffer from the left side of the victim’s left side of the 2 week medical treatment by allowing the victim to take a bridge for about two weeks.

Accordingly, the defendant suffered injury to the victim by negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The defendant and his defense counsel asserted that the defendant fulfilled his duty of care in safety management due to the defendant's being kept at a flat line, and the victim was unbroomed in the course of the Domining process, such as the victim's broom.

In other words, the following circumstances acknowledged by the evidence of the judgment, which are: (a) the victim was the case where the defendant laid down a flat line; (b) the victim went out to the first floor to go out at the time of the instant case; (c) he was the driver driving away from the dog; and (d) the lines at the time were not bound.

The Defendant consistently stated, the fact that the line was unfolded at the time of the instant case, and the Defendant’s assertion that the line was cut out in the process of avoiding the brooms is difficult to obtain in light of social norms (the victim consistently stated that there was no brooms in the defensive vehicle because the brooms are unfolded, and there was no brooms in the defensive vehicle); even if the Defendant’s assertion that the dog was cut down in the process of brooming the dog, such as the Defendant’s assertion.

Even if the degree of the situation alone, the line was easily set.

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