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(영문) 대구지방법원 서부지원 2021.01.19 2020고정479
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. On May 16, 2020, the Defendant was in a movement to check the return on the road in front of the “C” located in the Daegu-gu Seogu, Daegu-gu, Daegu-gu.

A person who intends to carry out an election campaign, such as a return dog, has a primary duty to prevent the occurrence of danger, such as collecting a line in the items of the return dog and managing a line well to prevent people who passed around the dog from shouldering, etc.

Nevertheless, the Defendant neglected this and failed to properly manage the neck, and did not prevent the victim D (L, 17 years old) from sustaining the right side of the victim D (L, 17 years old) and suffered the victim's injury on the date of treatment.

2. The facts charged in the instant case are crimes 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. Since the victim expressed his/her intention not to be punished after the prosecution, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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