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(영문) 서울북부지방법원 2014.09.02 2014고정1723
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant was at around 17:00 on March 23, 2014, the charge of the crime, at around 17:0, the Defendant got off a mountain room that was opened on the top of the line at “C” restaurant located in Dobong-gu Seoul, Dobong-gu. At the time, the Defendant got off the top of the line, such as a bank, etc., and, in such a case, there was a person who uses the table table under the top of the line, he was under the duty of care to dump the above bags so as not to fit the persons under the top of the line by destroying the bank or its content, but the Defendant was negligent by the negligence of leaving the bank without fault, and caused the Defendant to do so in the order of the victim’s head (55 years old) who was seated on the upper part of the line and the victim’s hand, thereby having the victim and the victim do so.

2. The facts charged in the instant 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. According to the written agreement bound in the records, it can be acknowledged that the victim D expressed his/her intention not to be punished against the defendant on June 19, 2014, which is after the institution of the instant prosecution. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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