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(영문) 서울북부지방법원 2020.05.28 2019고정1839

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, who is a child, is a person who raises and manages dogs in his/her residence together with B.

On January 27, 2019, the Defendant and B around 20:30, up to 168, the Korean Won-ro, Nowon-gu, Seoul Special Metropolitan City, was using the book as a book located in the 168 Chungcheong Park.

In such cases, the defendant and B have the duty of care to prevent such risks, such as taking safety measures to prevent the string of the string to the string to the string to the string to prevent such risks, since the risk of harming or asking the string to the string of the said strings.

Nevertheless, the Defendant and B neglected the duty to take safety measures, such as releasing the neck line of the above bomb in the mountain, and caused the victim C (Nam, 68 years of age) who was in the mountain book to go to the victim C (Nam, 68 years of age) who was in the mountain book, thereby causing the victim to go to the future, thereby causing the victim to suffer injury, such as the mouth of the bomb, which requires about 10 weeks of medical treatment.

Accordingly, the defendant, in collusion with B, caused bodily injury to a human body by negligence.

2. The facts charged in the instant case are crimes falling under Articles 266(1) and 30 of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 266(2) of the same Act. The said victim made it clear that he/she would not want the Defendant’s punishment by mutual consent on May 14, 2020, which was the date of the instant prosecution, as the Defendant and January 31, 2020, which were the date of the instant prosecution, and thus, the instant prosecution is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.