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(영문) 인천지방법원 2015.03.11 2015고단345
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. On August 29, 2014, the Defendant: (a) around 22:50 on August 29, 2014, the facts charged in the instant case: (b) around 22:50, the Defendant was using the victim B (or 32 years of age) and the victim C and the victim “Ising about about 4 months of Malar; (c) are too same in order to raise about 4 months of Malar; (d) he acted in the same way; (b) he was able to look back to the victim; (c) the Defendant was fluencing and genuine the opening line in the Bupyeong-gu Incheon Bupyeong Park, Bupyeong-gu, Incheon; and (d) the victim was able to move to the community where the victim went out of the community.”

In such a case, the Defendant had a duty to pay attention, such as putting his dog well to prevent harm to the victim and suppression, because his dog showed the hostile behavior of the victim.

그러나 피고인은 이와 같은 주의 의무를 게을리한 채 개의 목줄을 놓고 피해자가 기르는 말라뮤트 강아지를 안는 순간 개가 피해자의 눈 아래를 물어뜯어 수십 바늘을 꿰매게 하는 치료일수 미상의 교상에 이르게 하였다.

2. The facts charged in the instant case are crimes falling under Article 266(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 266(2) of the Criminal Act. According to the written withdrawal of the complaint, it is apparent that the victim B withdraws his/her wish to punish the Defendant on December 8, 2014, after the instant indictment was instituted, and thus, the instant indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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