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(영문) 의정부지방법원 2019.10.17 2019고정926
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant had raised 1 male, Pulsan, at the front of the C office in the operation of the Defendant in Namyang-si, Namyang-si.

Since dry field is located around the above office site and there is no clear access boundary, and it was difficult for the Defendant to be free from access in all directions because it did not control access, the Defendant had a duty of care to take measures to ensure that a person who enters the above site by installing a warning board stating that he can work only within the restricted place or that he must take care of it.

Nevertheless, the Defendant connects the steel line to the pole at a distance of about 30 meters, and connects the steel line again to the wooden line of about 3 meters, allowing the said steel line to freely move the site of the said office, but did not control the entry of the said site or install a warning board. On June 8, 2018, the victim D (the age of 66) who entered the above office site and entered the above office site suffered an unfoldion of the number of treatment days in which the blue elbs are taken back from the above opening to the right side.

2. Determination of applicable provisions of Acts: Judgment of dismissal of prosecution on October 10, 2019, which was after the prosecution under Article 266 (2) of the Criminal Act was instituted, which submitted a victim's criminal agreement and a written application for non-criminal punishment: Article 327 subparagraph 6 of the Criminal Procedure Act;

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