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(영문) 서울서부지방법원 2018.03.30 2017고정1253
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant has a duty of care to bound the opening of a plant variety from the Defendant’s house located in Yongsan-gu Seoul, Yongsan-gu, Seoul, in order to prevent the running of a plant variety outside of the house or to close the gate without permission.

Nevertheless, at around 16:50 on May 27, 2017 by negligence that did not take such safety measures as above, the Defendant: (a) stamped the above dog from the front side of Yongsan-gu Seoul Metropolitan Government D to outside of the house; (b) affixed a photograph on the front side of Yongsan-gu, Seoul; and (c) had the victim E (e.g., 30 years of age) who had affixed it over the picture.

Therefore, the defendant suffered from the injury of the above victim by the above negligence during approximately eight weeks of medical treatment, i.e., the joints of the right leg and the joints of the joints of the defendant.

2. The above facts charged cannot be prosecuted against the victim’s express intent (Article 266(2) of the Criminal Act). According to the records, it is recognized that the victim withdraws his/her wish to punish the Defendant on March 21, 2018, which was after the prosecution was filed. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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