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(영문) 인천지방법원 2018.10.12 2018고정875
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. On November 12, 2017, the Defendant entered an elevator with the left arms from the first floor elevator underground of the Yeonsu-gu Incheon Metropolitan City Building C around 14:00 on November 12, 2017.

It is a space for many people to use an elevator installed in a shopping mall which is a multi-level shopping mall, and at the same time many people get on the elevator. Therefore, it is obliged to pay attention not to go against or take a step off with other people by properly examining the left and right.

Nevertheless, the defendant neglected this and returned the body to the left by the defendant's negligence, and caused the face side of the victim D (10 cc) who was on board the elevator to face with the left part of the elbow.

As a result, the Defendant suffered from the above negligence that the victim needs medical treatment for about one week.

2. The facts charged in the instant case can not be prosecuted against the victim’s express intent under Article 266(2) of the Criminal Act.

According to the records, the court below's decision on September 14, 2018, which is the victim D's legal representative, revoked the defendant's intent to punish the defendant on September 14, 2018, after the public prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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