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(영문) 서울남부지방법원 2020.12.01 2020고정374
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. At around 20:00 on October 23, 2019, the Defendant: (a) released goods purchased by the Defendant from a ice 3rd underground floor in Gangseo-gu Seoul Metropolitan Government, after the victim D (the age of 37).

In such a case, when the shopping cart is placed in the ice-free workshop, the shopping cart may face with the person above, so that the shopping cart may face with the person above, the above person maintains a distance, and the shopping cart has a duty of care to prevent the accidents caused by the shopping cart in advance, such as maintaining the distance with the person above, and preventing the losses of the shopping cart from digging out.

Nevertheless, the Defendant neglected this and failed to maintain the distance by paying shopping car in close vicinity to the victim, and caused the Defendant’s negligence, such as not holding the shopping cart in order to carry out booms, which caused the Plaintiff’s blick part of the shopping cart.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of treatment for about two weeks by negligence.

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. Since it is recognized that the victim expressed his/her wish not to punish the Defendant around November 6, 2020, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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