과실치상
The prosecution of this case is dismissed.
The summary of the facts charged in the instant case is as follows: (a) at the “C main point” located in Mapo-gu Seoul Metropolitan Government around February 26, 2017, the Defendant paid attention to prevent a person from facing another person as a place where booms booms are located; (b) but at the same time, the Defendant was negligent in failing to pay attention while talking about the booms; (c) at that time, the victim D’s face that he/she was faced with one time, and suffered injury, such as a decline of the baby requiring four weeks of treatment.
However, this is a crime falling under Article 266 (1) of the Criminal Code, which cannot be prosecuted against the clearly expressed will of the victim in accordance with Article 266 (2) of the Criminal Code.
However, according to each of the "agreement" (No. 2, No. 16 of the investigation record) and "written application for non-prosecution for punishment" (No. 2, No. 17 of the investigation record) prepared by the Defendant and D jointly signed by the Defendant and D, the victim D explicitly expresses his/her intention not to punish the Defendant on February 26, 2017, which was before the prosecution of this case. As recorded in the record, the victim D returned to the police and withdrawn his/her intention not to punish him/her again.
It is not different even if it is not different.
Thus, the prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the procedure of prosecution is invalid in violation of the provisions of law.