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(영문) 수원지방법원 2013.09.12 2013고정1150

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. Around 09:30 on November 10, 2012, the Defendant: (a) laid an empty stuff in order to contain the harvested meat with the victim C (at the age of 63) in the ancient field located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si; (b) and (c) laid down the brut (at the age of 60cm, 60cm in width, 50cm in length) being aground above. In such a case, the Defendant caused the risk of the brut to the above brut, and thus, the Defendant neglected his duty of care to prevent the occurrence of the danger, and caused the injury of the brut to the brut by taking the part on the head of the victim before the brut, thereby causing the injury of the brut to the brut.

2. The facts charged in the instant case are crimes falling under Article 266(1) of the Criminal Act, which cannot be punished against the victim’s express intent under Article 266(2) of the Criminal Act. According to the records compiled in the records, the facts that the victim expressed his/her intent not to punish the defendant on September 5, 2013, which was the date the prosecution of the instant case was instituted. Thus, the prosecution of the instant case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.