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(영문) 창원지방법원 2021.03.05 2020고단4187
과실치상
Text

The prosecution of this case is dismissed.

An applicant for compensation shall be dismissed.

Reasons

The summary of the facts charged is that the Defendant, as a member of the “C Countermeasure Committee” and from July 2020, from the above Countermeasure Committee members, the Defendant exceeded the parking lot for the D market, which is the place of assembly report, and tried to enter the D Viewing Office.

On November 16, 2020, around 14:30, the Defendant attempted to enter the main office building before the entrance entrance of the DNA viewing hall, and the DNA viewing employees prevented them.

In front of the above entrance entrance at the time, many DNA viewing employees prevented the entrance door and prevented the Defendant from entering the entrance, and only when the civil petitioner and employees pass through the entrance space. However, when the Defendant attempted to enter the building by pushing the civil petitioner and employees, the pertinent civil petitioner or employees were at a risk of harming the said civil petitioner or employees, and thus, the Defendant has a duty of care not to do so.

Nevertheless, the Defendant neglected this and attempted to enter the office building by neglecting the body of the victim by keeping the body of the victim into the main office building through a space between D viewing employees, thereby resulting in approximately two weeks of medical treatment to the left side of the victim.

2. Determination and conclusion

A. 1) Dismissal of the public prosecution: Article 266(2) and 266(1)2 of the Criminal Act provides that the injured person shall not wish to punish the accused after the prosecution of the instant case (Article 3 of the Criminal Procedure Act is submitted on March 3, 2021): Article 327 subparag. 6 of the Criminal Procedure Act

(b) Articles 32(1) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (the scope of liability for compensation is not clear);

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