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(영문) 부산지방법원 동부지원 2015.11.26 2015고단1801
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the business owner of the “Craink store” in the Busan Suwon-gu B and the second floor, and there is a risk that the Defendant, who operates such a main point, has to exercise a duty of care to prevent the occurrence of the danger in advance, because there is no sufficient space between the main point entrance and the stairs, and thus, it is not likely that the Defendant would be vain, unless he takes a duty of care.

At around 02:30 on July 8, 2015, the Defendant: (a) found the victim D (the 55 years of age) in the entrance stairs at the above main point and opened an internal visit; and (b) made the victim out of the facility, the Defendant forced the victim to leave the facility; (c) caused the victim to the stairs, etc., and (d) caused the victim to suffer from the victim, by negligence, the victim’s back to vad vad, etc.; and (d) caused the victim to face the right shoulder on the floor, which requires treatment for 56 days.

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 records, it is recognized that the victim expressed his wish not to punish the defendant after the institution of the instant prosecution. Thus, the instant prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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