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(영문) 대전지방법원 2013.08.16 2013고정1201
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. Around March 25, 2013, the Defendant: (a) 21:30 on March 25, 2013, on the first floor of the 1st century, Seo-gu Daejeon, Seo-gu, Daejeon, 510 Embrobbbbro, Ba-dong 510, Gabbbro, Ba-gu, with an envelope containing in which the Defendant was negligent in performing his duty of care to care to ensure that the Defendant does not face with her children; and (b) caused damage to the victim B (E and 2)’s face, which was being taken after the Defendant’s death, by neglecting his/her duty of care to care to ensure that he/she does not face with her children; and (c) due to negligence, he/she caused damage to the victim’s reputation of a detailed face that requires medical treatment

2. The above facts charged are the 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.

However, according to the records, it can be recognized that C, the legal representative of the victim who is a person without mental capacity, expressed his/her intent not to have the victim punished on August 14, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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