The prosecution of this case is dismissed.

1. 공소사실의 요지 피고인은 서울 도봉구 C, 1 층 소재 ‘D’ 라는 상호의 음식점을 운영하는 사람으로, 위 음식점 외부 한 켠에서 진돗개와 풍산개의 잡종견 1마리( 생 후 약 6개월 )를 키우고 있었다.

A person who hangs a dog has a duty of care to prevent any accident, such as breaking a dog, breaking a pent or breaking a pent, etc., to prevent any person from breaking a dog, leaving any person, etc., in the vicinity of the dog.

Nevertheless, even before the above opening, the defendant knew that there is a danger of water to the above opening when the people have access to the above openings, but the above opening was referring to the above openings in the restaurant near the restaurant, without installing a pents, and the above opening was caused by the negligence that did not keep the pents shortly, the above openings to the victim E (n, 60 years of age) of the daily worker E (n, ) of the restaurant located in the restaurant near the openings around June 20, 2017, by asking the victim about about 2 weeks of treatment.

2. Determination

(a) Applicable legal provisions: Article 266(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 266 (2) of the Criminal Act;

C. The expression of intention not to punish: on April 25, 2018, after the institution of the instant indictment, a written agreement that contains the victim’s expression of intention not to punish the victim was made.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;