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(영문) 서울남부지방법원 2018.11.16 2018고단5269
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in the instant case: around 18:00 on March 20, 2018, the Defendant accumulated four an artificial waste door even before the East-gu Seoul Metropolitan Government apartment house 119 East-gu, with the interior of the human body.

However, as a delivery for pedestrian traffic, the defendant neglected to take necessary measures so that it does not interfere with the passage of the pedestrian. On March 21, 2018, the victim C (39 years old) who was walking over the delivery of the above place around 03:00 on March 21, 2018, and caused the victim to suffer from the outbreak of the baby who is in need of treatment for about 62 days.

2. The crime of this case is a crime falling under Article 266(1) of the Criminal Act, and cannot be prosecuted against the victim’s will specifically manifested pursuant to Article 266(2) of the Criminal Act.

According to the records, on October 19, 2018, after the institution of the instant indictment, the victim C prepared “written agreement” and “written application for withdrawal and punishment of complaint” with the content that he/she does not want punishment against the defendant under the agreement with the defendant, and submitted it to this court, and expressed his/her intention that he/she does not want such punishment against the defendant.

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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