beta
(영문) 의정부지방법원 2019.11.21 2019고정847

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. Around October 4, 2018, the Defendant: (a) around 20:38 on October 4, 2018, as an employee working in the restaurant “C” located in Macheon-si B, one of the table tables installed adjacent to the outside table was moved to another place.

In such cases, there was a duty of care to prevent accidents by checking whether the table table, which is installed while moving the necessary table table to those who move the table table, is not fixed or is not about to be used by weight-centered, and as it is well as to prevent the remaining table table from being used.

Nevertheless, the Defendant, by negligence, did not fix the remainder of the tables in order to prevent them from viewing or using them well while moving the necessary tables, caused them to face with the victim D (the age of 48) who was seated by plastic chairs and who was seated by them again, and suffered approximately 14 days from a sloping wall in need of treatment for about 14 days.

2. The facts charged in the instant case are crimes falling under Article 266(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 266(2) of the Criminal Act. According to the records, on November 15, 2019, after the institution of the instant indictment, the victim expressed his/her intention not to be punished against the Defendant. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.