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(영문) 전주지방법원 2014.03.12 2013고정991
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant, at the center of the E building in the vicinity of the Dasan Park in the Jeonju-gun, Jeonju-gun, the Defendant was a person who fat in the middle of the E building owned by the Defendant. Since the said Jatat had a tendency to cut back, such as leaving the front, the Defendant had a duty of care to prevent the above owners from getting unsated or installing fences around the opening, etc., even though he was negligent in taking the above measures on July 7, 2013, and caused damage to the victim F (F, South and fifty-five years of age) that the said dog was unsated with the above Dasan Park, and caused damage to the victim’s sexual flag part requiring treatment for about three weeks by failing to meet the victim’s sexual organ.

2. The facts charged in the instant case are those 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.

However, the instant indictment was submitted on March 12, 2014, which was after the prosecution of this case, stating the victim's intention not to be punished. Thus, the instant indictment is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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