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(영문) 수원지방법원 평택지원 2014.05.27 2014고정245
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who raises a two-year-old satatus at the house of the defendant in Gyeonggi-si B.

As above, a person who raises a dog has a duty of care to keep the dog in the opening of the dog or to keep the dog from leaving the house in order to prevent any other person from leaving the dog.

Nevertheless, at around 22:00 on January 22, 2013, the Defendant was negligent in not safely putting the lines out of the Defendant’s residence, and the Defendant was able to ask the victim C(23 years of age)’s grandchildren, etc., who were going out of the house and went out of the house, and suffered the victim’s failure to perform the two-day medical treatment.

2. The above facts charged are the crimes falling under Article 266(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 266(2) of the Criminal Act.

However, according to the records, it can be recognized that the victim expressed his/her intent not to punish the defendant on May 26, 2014, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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