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(영문) 대전지방법원 2019.02.19 2018고정151

상해

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is the mother of the victim, and the victim is the mother of the defendant.

On October 4, 2017, at around 20:25, the Defendant followed alcohol in Sejong Special Self-Governing City B's relative living room, and entered a plan for the victim to sleep himself/herself after drinking alcohol.

피해자인 조카 C(남, 만 21세)과 그의 엄마 D에게 방에서 나갈 것을 요구했으나, 이에 응하지 않고 C이 버릇없이 머리를 꼿꼿이 들고 눈을 부릅뜨며 쳐다본다는 이유로, 피해자 C의 머리채를 잡고 2~3회 흔들어 2주간의 치료를 요하는 두피의 표재성 손상 등 상해를 가하였다.

In light of the following circumstances acknowledged through each evidence duly adopted and investigated in this Court, it is difficult to view that the evidence submitted by the prosecutor alone, as stated in the facts charged, was proved to the extent that the Defendant had proved to the extent that there is no reasonable doubt that he/she had inflicted a bodily injury, such as the impairment of bodily integrity of the two sides requiring two weeks medical treatment, and there is no other evidence to prove otherwise.

The victim made a statement to the effect that the defendant was extracted from his head, and the report on internal investigation (Evidence No. 4 pages) states that "the head kin and the head kin, which were damaged by the crime of the victim, photographed and appended to the photograph of the victim."

However, since the length of the head of the damaged part of a photograph taken at the time is very short compared to the length of the head of the victim taken as at the time, it is difficult to readily conclude that the head of the victim, as above, is the head of the victim’s head.

(The length of the head of the front part covered by the victim's hand can be somewhat long, however, the victim taken photographs by specifying the victim's side part of the front head as the damaged part of the front head, not the front part at the time. E at the time, at the scene, shall be how the head of the victim faces.