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(영문) 서울남부지방법원 2021.02.04 2020고단6416

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. Around September 26, 2020, on September 26, 2020, the Defendant instructed those who did not wear a string on the bicycle lane in front of the building Yeongdeungpo-gu Seoul Metropolitan Government to wear a string.

In such a case, even if the defendant guidances a person driving a bicycle without wearing a string, he had a duty of care to safely guide the bicycle after he gets the person to string the bicycle by using a string signal or a stop signal.

Nevertheless, the Defendant neglected this and found the victim C ( South, 49 years old) who driven a bicycle without wearing a make, and avoided this, the Defendant sustained injury, such as an open room for the following entry, which requires treatment for about 14 days by having the victim, who was unable to set a part of the unclaimed bicycle by negligence, faced with the Defendant’s arms, lose the center, and exceeds the floor.

2. The offense of Article 266(1) of the Criminal Act, which constitutes the facts charged in the instant case, cannot be prosecuted against the victim’s express intent under Article 266(2) of the same Act. Since the victim expressed his/her intention not to be punished against the Defendant after the instant indictment, the prosecution shall be dismissed pursuant to Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.