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(영문) 대전지방법원 2013.12.13 2013고정1954

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. Around July 29, 2013, the Defendant, on the grounds that the 19:30 on July 29, 2013, 2013, the Defendant forced the victim to cut the necks on the part of the toy Do (Nam, 5 years old) that he did not return to the victim E (Nam, 4 years old), and thereby, caused the victim to suffer injury, such as kneed and tension in the part of the kne that needs to be treated for about two weeks.

2. The above facts charged are the crimes falling under Article 266(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 266(2) of the Criminal Act.

However, according to the records, it can be recognized that F, the legal representative of the victim who is a person without mental capacity, declared that he/she did not want to punish the defendant on December 10, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.