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(영문) 인천지방법원 2018.01.19 2017고단8159
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. Around June 13, 2017, around 18:29, the Defendant was merely in order to take a pet dog and to take a pet dog from the front passage of the Incheon Southern-gu C Underground Building No. 135 around June 13, 2017.

Since there was a person who passed the passage at the time, in such a case, the defendant has a duty of care to safely manage the dog so that he does not ask any other person by leaving the dog or cutting the dog short.

Nevertheless, the Defendant neglected to do so and caused the victim D (1 ) who passed by the pets when the Defendant neglected to do so, thereby leading the victim D (1 ) to go by the pets, thereby leading to the left side of the victim.

As a result, the Defendant suffered an animal disturbance on the left-hand side where the number of days of treatment cannot be known to the victim due to such negligence.

2. The facts charged in this case cannot be prosecuted against the clearly expressed will of the victim pursuant to Article 266 (2) of the Criminal Act, as a crime falling under Article 266 (1) of the Criminal Act.

According to the records, the victim’s legal representative expressed his/her wish not to punish the Defendant on September 15, 2017, which was after the institution of the instant prosecution.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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