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(영문) 광주지방법원 2016.12.21 2016고단4989
업무상과실치상
Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

From June 1, 2016, the Defendant was affiliated with the Damage Prevention Group for Harmful Wild Animals designated by the BA and was engaged in the hunting of harmful wild animals by using hunting guns, and the victim C (the age of 60) was a person who was in charge of fluoring a fluor in the event of the Defendant’s harmful wild animals hunting activities.

On July 22, 2016, the Defendant: (a) on July 22, 2016, around 22:00, she saw shot gun for hunting wild boar pigs, a harmful wild animal, and boarded at the back seat of the GIst car driven by F; and (b) the victim was aboard the seat next to it and moved into the habitats of wild boars.

In such cases, the defendant, who is engaged in hunting by using a hunting gun, has a duty of care to prevent accidents in advance due to the failure to charging ball or blank cartridges when carrying or transporting the hunting gun.

Nevertheless, on the ground that the Defendant could be successful in hunting immediately after discovering wild boar pigs by neglecting this, the Defendant was negligent in charging the ball cartridges in advance to the shot gun at around 23:50 on the same day and caused a decline of the shot gun to open the shot gun in the said car, and the Defendant was found to have launched the knee guns on both sides by putting the shot gun in front and knee in front of the said car.

Ultimately, the Defendant caused the victim to suffer approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C (one time, two times);

1. A report on fire-fighting and detailed gun specifications attached thereto;

1. A medical certificate;

1. The application of Acts and subordinate statutes to photographs (investigative records 27, 28 pages);

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Article 62 of the Criminal Act:

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