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(영문) 청주지방법원 제천지원 2018.11.01 2018고단272
과실치상
Text

[Defendant A] The public prosecution against Defendant A is dismissed

[Defendant B] Defendant B shall be punished by a fine of KRW 2,00,000.

Reasons

[Defendant A]

1. On April 4, 2018, the Defendant, at around 18:45 on April 4, 2018, at G restaurants operated by the Victim F (M, 35 years of age) E, the Defendant, on the ground that G restaurants run by the Defendant F (M, 35 years of age), would be dissatisfied with the Defendant’s company B.

In such a case, the defendant neglected his duty of care to prevent harm to others in the restaurant, and instead neglected his duty of care to prevent the occurrence of the accident, and instead neglected his duty of care, caused the victim to suffer injury such as the complete winding of 2 parts and 50 days on the left-hand side where treatment for about 60 days is required.

2. Determination

(a) Applicable legal provisions: Article 266(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 266 (2) of the Criminal Act.

C. On October 15, 2018, after the prosecution of this case, a written agreement is submitted to the effect that the injured person does not want the punishment of the defendant.

D. Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act / [Defendant B] Defendant who committed a crime committed by Defendant B] around April 4, 2018, around 18:45, the G restaurant operated by the F (F) in Jeju-si E (F) on April 4, 2018 on the ground that the victim was satisfed with the victim A (363), while having a dispute with the victim, the victim was satisfed, and the head of the victim was satisfed once.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police officer;

1. Photographs taken of a part of the victim's damage;

1. Report on internal investigation (the telephone conversation for the other party of a wooden ray H);

1. Application of the Acts and subordinate statutes to photograph CCTV images taken on the face of a crime scene;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances are the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the Defendant’s age, occupation, sex, family relationship, and crime.

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