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(영문) 수원지방법원 2013.10.17 2013고정2093
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, at around 21:00 on December 19, 2012, the charge of this case: (a) the Defendant, in the public corridor No. 105-dong 1903-dong 105-dong 1903, had a bicycle installed for children between the victim C (the age of 62) and the Defendant; and (b) in such a case, the Defendant had a duty of care to move the bicycle so that he does not face any other person when he moves the bicycle; (c) the Defendant had a duty of care to move the bicycle so that he does not go against the other person; and (d) the Defendant, despite having a duty of care to move the bicycle to the part of the bicycle walth part, suffered from the victim’s walth part of the bicycle walth part, which requires a two-day treatment.

2. However, this is a crime 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. The victim C submitted a written application not to punish the Defendant on October 10, 2013, which was after the instant indictment. As such, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act. It is so decided as per Disposition.

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