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(영문) 서울중앙지방법원 2018.01.15 2017고정3174
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. Around July 18, 2017, the summary of the facts charged found and considered to have been abandoned in the front of Dongjak-gu Seoul Metropolitan Government on the street around 15:22.

There are frequent traffic of people in an area where the authorization is concentrated, and as a slope sloping length, the defendant has a duty of care to prevent the occurrence of safety accidents such as digging down the goods below the slope.

Nevertheless, the Defendant neglected such duty of care and found a bowling hole among the goods, and slicked it, and slicked down the slick hole under the alleyway, which led the victim D (6 years, south) who was returning home to go beyond the bowling hole.

Defendant 1 suffered from the injury of “asheds at the bottom of the Bridge, accompanied by a flusium flusium,” which requires approximately 14 weeks of medical treatment to the victim due to the foregoing negligence.

2. Determination and conclusion

(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 December 20, 2017, after the prosecution of this case, the “written application for non-prosecution of punishment” stating the purport that “the victim and the legal representative of the victim does not want the punishment of the defendant” is submitted to this court.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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