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(영문) 인천지방법원 2013.06.21 2013고정1340

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant: (a) around 21:40 on January 14, 2013, the facts charged in the instant case: (b) around 21:40, the Defendant was getting out of the victim E in the direction like the victim E from among the Dki ground in Ison-si D Ski ground No. 7 in the same direction as the victim E; (c) in such a case, the Defendant neglected his duty of care to prevent a dangerous situation by selecting slots meeting his own level; and (d) to ensure the safety distance with the person driving on the front bank, and to ensure the safety distance with the person driving on the front bank; and (e) neglected the duty of care to keep the victim out of the upper bank’s floor at a speed of the front bank and to keep the victim out of the upper bank’s right mouth, thereby resulting in the victim’s opening of the right side, which requires approximately 2 weeks medical treatment.

2. The instant facts charged constitute a crime 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. According to the records of the instant case, it can be acknowledged that the victim has withdrawn his/her wish to punish the Defendant on June 19, 2013, which is the date of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.