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(영문) 춘천지방법원속초지원 2020.10.28 2020고단331
과실치상
Text

The prosecution of this case is dismissed.

Reasons

On December 31, 2019, the Defendant: (a) around 22:00 on December 31, 2019, when drinking alcohol with the victim E (39 years of age) at the victim’s request, the Defendant was able to do so.

The Defendant had a great level of attention to prevent accidents by putting a string to the body of the nation or sprinking to the body of the nation with heavy strings. Therefore, the Defendant had a duty of care to prevent accidents by putting a string to the strings.

Nevertheless, if the Defendant, while under the influence of alcohol, was unable to properly hold the body of the Defendant, was negligent in putting in the direction of the victim into the face, neck, etc. of the victim and resulting in the victim’s bodily injury, i.e., e., e., the victim’s face, neck, etc.

2. The above facts charged constitute a crime 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. According to the written agreement prepared by the victim, the victim can have withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, this part of the indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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