상해
The prosecution of this case is dismissed.
1. 이 사건 공소사실 피고인은 2011. 12. 14. 경북 B군청 주차장 내에서 주차관리를 하던 중 피해자 C에게 차량을 다른 곳에 주차하라고 말하였고, 이에 화가 난 피해자 C는 손바닥으로 피고인의 빰을 2회 때린 후 다시 주먹으로 피고인의 안면부를 1회 때린 후 피고인의 멱살을 잡고 밀고 당긴 후 바닥에 넘어 뜨리는 것에 대항하여 손바닥으로 피해자 C의 빰을 1회 때린 후 피해자 C가 자신을 바닥에 넘어 뜨렸다는 이유로 들고 있던 생수 물병(500ml)을 피해자 C의 손을 향해 던졌다.
As a result, the Defendant inflicted injury on the victim C, which requires approximately 14 days of treatment, on the right side part of the third part of the water tank.
2. The summary of the defendant's and his defense counsel's assertion, as stated in the facts charged in the instant case, was blicked by the victim C, and was faced with the victim C, but the victim C cannot be deemed to have suffered injury as stated in the facts charged.
3. Determination
A. First, we examine whether the victim C was injured as stated in the facts charged.
Of the facts charged in the instant case, the victim C’s partial statement of the witness C, the statement of the police interrogation protocol of the police interrogation protocol against C, and the statement of diagnosis of the doctor D’s injury as it seems consistent with the Defendant’s injury. However, the following circumstances revealed by the records of the instant case: (i) the victim C made a statement to the effect that he/she suffered bodily injury as stated in the instant facts charged by preventing the Defendant from suffering bodily injury as he/she was investigated by the police; (ii) however, the victim C made a statement to the effect that he/she was unable to attend as a witness, not by the witness, but by stating to the effect that he/she was treated as a finger at the Apha Hospital, and thus, it is inconsistent with the victim C in the preparation of the doctor DD.