beta
(영문) 부산지방법원 동부지원 2016.07.11 2015고정948

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who raises a dog (name: Maat, birth date: March 12, 2013) at home.

The Defendant had a duty of care to prevent the occurrence of danger by attacking other persons as a interest manager of the Jatat dog.

Nevertheless, on October 23, 2014, the Defendant neglected to do so, running the Defendant’s satat, outside the house, and asked the victim’s bucks and bucks of the victim D (age 33 years old) on the road in front of the Busan Suwon-gu Cown, and caused the injury of the victim who was hospitalized in the general hospital for 21 days, resulting in the injury of the victim.

2. We examine the judgment. The facts charged of this case are crimes falling under Article 266(1) of the Criminal Act, which cannot be prosecuted against the victim's explicit intent under Article 266(2) of the same Act. According to Article 266(2) of the same Act, the victim D can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on April 6, 2016, after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act, and it is so decided as per Disposition.