beta
(영문) 서울서부지방법원 2016.09.09 2016고정506

과실치상

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in this case is as follows: (a) around August 22, 2015, the Defendant: (b) within the “D’s entertainment place where the Victim C (V) located in Mapo-gu Seoul Metropolitan Government (V, 37 years old) works as an employee; and (c) at the time, there is a risk that the victim would open the door when the victim closed the door in the narrow door; and (d) in such a case, the Defendant was obliged to pay attention not to the victim but to close the door safely; (b) in violation of this obligation, the Defendant caused the victim to suffer injury, such as attaching three handets attached and cutting off the door in need of treatment for about 10 weeks.

However, this is a crime falling under Article 266 (1) of the Criminal Code, which cannot be prosecuted against the clearly expressed will of the victim in accordance with Article 266 (2) of the Criminal Code.

In this regard, according to the statement of the "written complaint (report) withdrawal and written application for coal," prepared by C which is bound in the trial records, the victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on June 15, 2016, which is after the prosecution of this case.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.