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(영문) 대전지방법원 천안지원 2013.05.24 2013고정367
과실치상
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as the owner of the Pungsan forest, who resided in the house located in the Dong-gu, Dong-gu, Dong-gu, Chungcheongnam-gu, and raises one male of the Pungsan forest, was obliged to take measures, such as cutting down the Pungsan forest with a line so as not to cover any other person, and the Defendant has a duty of care to prevent the Pungsan forest from damaging other persons.

Nevertheless, the Defendant neglected this and neglected to set a neck line so that the above spawn may carry the neck line back, and suffered from the spawn part of the spawn which requires approximately three weeks of treatment by asking the victim D (V, 73 years of age) who opened the spawn in front of the entrance of the above defendant's dwelling space around 12:0 on July 14, 2012, after asking the victim's arms, legss, facess, face, etc., where the above spawn was laid down.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes to copies of emergency department records;

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

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Consideration of the reasoning of sentencing under Article 59(1) of the Criminal Act, degree of negligence of the defendant, considerable amount of money and agreement with the victim, the fact that the defendant had no criminal record, and circumstances leading to this case

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