beta
(영문) 대구지방법원 서부지원 2014.12.19 2014고정826

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. Around 09:10 on February 14, 2014, the Defendant: (a) laid his/her dog on the front of the Daegu-gu Seo-gu Road; (b) the Defendant: (c) around 09:10, the Defendant: (d) left his/her dog on the front of the Daegu-gu Road; and (d) there were many pedestrians, and (e) the Defendant, who raises the dog, had a duty of care to take safety measures, such as selling a neck line, thereby preventing the occurrence of an accident, such as the opening of the dog to another person; (b) however, (c) due to negligence, he/she neglected his/her care, caused the victim E (e.g., 55 years of age) to suffer injury to the Defendant’s dog, etc., where he/she did not fasten his/her dog.

2. The facts charged of this case are crimes falling under Article 266 (1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 266 (2) of the Criminal Act. Since the victim withdraws his/her wish to punish the defendant after the prosecution, the prosecution of this case is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.