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(영문) 창원지방법원 2016.02.03 2015고정603
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: (a) from March 2014 to March 3, 2014, the Defendant: (b) was a person operating a “D restaurant”; (c) was raising a dog in the said restaurant (in the event of birth on January 2014, 201, he was raising the dog, so he was negligent in neglecting his duty of care to prevent harm to others, such as combining the dog items, etc.; (d) on October 5, 2014, around 19:00, the Defendant caused the victim E (the remaining, 65 years old) (the victim was in excess of the floor, resulting in the victim’s 12-day medical treatment, thereby causing the victim to suffer damage (the charge was corrected to the extent that it is deemed that there is no risk that the Defendant’s exercise of his right to defense may be a substantial disadvantage).

1. Partial statement of the defendant;

1. The witness E’s legal statement (a relatively consistent statement about the facts of damage and credibility exists in light of the circumstances leading up to the knowledge that the dog damaged to himself/herself was owned by the defendant);

1. Partial statement of the witness F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 266 (1) of the Criminal Act applicable to the relevant criminal facts and Article 266 of the choice of punishment;

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

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

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