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(영문) 수원지방법원 성남지원 2019.06.20 2019고단941
과실치상
Text

The prosecution of this case is dismissed.

Reasons

The defendant is a person who operates Lestop business(for example, 38 years of age and female) and the victim C (for example, 38 years of age and female) visits to customers.

On December 21, 2018, the Defendant has a duty of care to keep clean the sanitary conditions and management of food (food) and other facilities provided to customers who visited the above business establishment D located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, 2018.

Nevertheless, the Defendant neglected washing in the course of washing plastic physical disease (al.e., considerable amount of 1 liter) provided to customers. However, the Defendant neglected washing, such as that part of the explosion ingredients remain inside the process.

The victim, who is aware of this fact, boomed the above physical disease provided by the defendant, and boomed it according to the World Cup, and caused by smelling and booming the unique characteristics of the drinking ingredients, which caused the victim's injury that could not be known of the treatment days.

Judgment

The facts charged in the instant case constitute Article 266(1) of the Criminal Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 266(2) of the same Act.

However, according to the records, it is recognized that a written agreement in the name of the victim that the instant indictment does not want the punishment of the defendant after the institution of the instant indictment on March 27, 2019 was submitted to this court on March 29, 2019.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it constitutes a case in which a victim’s express intent not to prosecute a crime is expressed.

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