beta
(영문) 의정부지방법원 고양지원 2018.03.22 2017고정1262

과실치상

Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant had a duty of care to prevent the occurrence of danger in advance by taking measures, such as setting a neck line, etc., to prevent the opening of his management, as a person who keys four mags in the facts charged.

Nevertheless, at around 19:00 on March 18, 2017, the Defendant: (a) laid 4 masts in front of the tunnels located adjacent to the third side of the Seo-gu Seo-gu Seog-dong Kintex, Seo-gu, U.S. and (b) laid 4 maths to the victim C ( South, 58 years old) where the two maths get a bicycle and passed the two maths, followed by asking the victim C ( South, 58 years old) for about two weeks of treatment; and (b) caused the victim to suffer 'the right buckbucks, the right bridge, the right-hand side, the third, the third, the right-hand side, the third, the third, the third, the third, and the back-hand hand.'

2. The facts charged in the instant case are crimes falling under Article 266(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 266(2) of the Criminal Act. According to the written statement prepared by the victim, the victim may recognize the facts that he/she expressed his/her wish not to punish the defendant around March 20, 2018, after the prosecution of the instant case was instituted. Thus, the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.