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(영문) 전주지방법원 2020.08.26 2020고정242

과실치상

Text

The prosecution of this case is dismissed.

Reasons

As a building owner who newly constructs a house by employing human father in the former-gun B in the former-gun of North Korea, the Defendant had a duty of care to take measures to prevent the occurrence of safety accidents during the construction process of the said new house.

Nevertheless, at around 16:30 on October 8, 2019, the Defendant opened a top cover of the septic tank for the piping work at the above construction site, and left it alone without taking measures such as covering the top cover or installing a safety marking board around it, by negligence, the victim C (58 years of age) passed the above construction site, and led the victim C to fall into the top.

The Defendant, by these negligence, caused the victim to suffer bodily injury, such as an open wound to the left-hand side of the bridge and other parts requiring medical treatment for about three weeks.

However, the facts charged against the defendant in this case are crimes falling under Article 266 (1) of the Criminal Code, which cannot be prosecuted against the victim's express intent under Article 266 (2) of the Criminal Code. According to the records, since the agreement between the defendant and the victim was submitted to this court after the prosecution of this case was instituted, and the above agreement expressed the victim's intent that the defendant does not want punishment against the defendant, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act, and is so ordered as