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(영문) 대구지방법원 2016.07.06 2015고정2891

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. On June 21, 2015, the summary of the facts charged is that the couple and the couple of the Defendant and the couple of C, while they drink the Defendant’s couple, C’s husband and wife, and the victim D(the age of 22) in the family of the friendship C in Daegu Northern-gu, Daegu Northern-gu, 301, together with the Defendant’s couple, C’s couple, C’s couple, and C(the age of 22).

The defendant around 04:30 on June 22, 2015, the defect that the victim D about the front of the above C's house was about to move into the victim D's house on the front of the above C's house, "C is a fighting for the fighting because of weather h.h., the defendant left the fighting.

"A cell phone of the victim who was making a telephone call while making a telephone call was cut off."

In such a case, the defendant's hand-to-to-be was negligent in neglecting his/her duty of care to prevent the face of the victim, and the defendant's hand-to-to-be was negligent in taking the telephone device in a remote call, thereby resulting in the defendant's bodily injury that could not know the number of days of treatment.

2. The facts charged in the instant case are crimes falling under Article 266(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent under Article 266(2) of the Criminal Act.

On June 22, 2016, after the institution of the instant prosecution, D may recognize the fact that he/she expressed his/her intention not to be punished against the Defendant in this Court.

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