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(영문) 서울북부지방법원 2017.11.29 2017고단4571
과실치상
Text

The prosecution of this case is dismissed.

Reasons

The Defendant, on March 2017, is a person who has been divorced by agreement with a police officer and a victim B (V, 59 years of age) on March 2017 and operates phrases together with a victim divorced in Seoul Special Metropolitan City Nowon-gu C.

The defendant has a duty to take care of not to put in sight his hand when knicking of metal on the left hand of his hand, with the documents taken by the victim.

Nevertheless, on August 21, 2017, the Defendant, in order to return the copy of the detailed statement of housing loan transactions in the name of the Defendant, which was shown to the victim within a certified intermediary in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, in Seoul Special Metropolitan City, on August 21, 2017, the Defendant: (a) spawned the hand taken by the victim with the Defendant’s left hand hand in order to leave the knife base; and (b) caused the injury on the number of days of treatment by neglecting the above duty of care.

Provided, That the above facts charged fall under Article 266(1) of the Criminal Act, and public prosecution may not be instituted against the clearly expressed will of the victim pursuant to Article 266(2) of the Criminal Act.

According to the written agreement, the victim expressed his/her intention not to be subject to criminal punishment against the defendant on November 6, 2017, after the prosecution of this case.

Therefore, the above facts charged constitute a case in which the expression of intent to punish a person who cannot be prosecuted against the victim’s clearly expressed intent, and thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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