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(영문) 인천지방법원 부천지원 2020.06.02 2020고정162

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant in the facts charged of the instant case was a person who is growing pets in the residence, and a person who is growing pets in the residence enters the place of residence with an strings in the place of residence. As such, the Defendant had a duty of care to manage the pets so as to keep the pets from drinking water.

Nevertheless, around 14:00 on August 3, 2019, the Defendant, at the time of Kimpo-si B apartment Co., Ltd., who was delivered food to the Defendant in the Defendant’s residence, was not aware of or isolated from the above pet dog while the pet dog was obstructed by the Defendant’s pet dog, and caused damage to the victim’s pet dog that needs to be treated for about 12 days, by leaving the victim to wear the above pet dog owned by the Defendant on one hand, without being able to keep the pet dog out or isolated from the pet dog.

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 of the instant case, it is recognized that the victim expressed his/her intention not to be punished after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.