beta
(영문) 서울중앙지방법원 2013.07.23 2012고정4366

상해

Text

The defendant shall be innocent.

Reasons

1. 공소사실의 요지 피고인은 2012. 4. 28. 02:30경 서울 관악구 C 앞 노상에서, 술에 취해 별다른 이유 없이 맞은편에서 걸어오는 피해자 D(27세)에게 ‘뭘 보느냐’고 시비를 걸며 양손으로 피해자의 가슴을 밀어 계단 방향으로 넘어지게 하였고, 이로 인하여 피해자에게 치료일수 불상의 구순부열상 등의 상해를 가하였다.

2. Although the Defendant stated the victim as a citizen, the Defendant denied the instant charges by asserting that the victim was either deprived of the victim or was not at the location of the injury, such as the description of the facts charged (the prosecutor initially prosecuted the injury under the ‘defluence’ but changed the indictment to the ‘former Circuit’).

There are statements made by the victim in this court and investigative agencies as evidence consistent with the facts charged in this case.

On the other hand, the victim stated that "at the time of making a statement at the police patrol force on the day of the instant case ( April 28, 2012), one front of the victim's statement is "other than that from the defendant, it is fit to those who look at the defendant's daily behaviors." However, on May 7, 2012, the victim made a statement that "at the time of investigating the suspect's appearance of the defendant, the defendant goes against the stairs, and this is broken." In other words, the victim stated that "at the time of investigating the suspect's appearance of the defendant, the defendant goes against the victim's feet, and the victim goes beyond the stairs of the victim's feet, and the victim passed out of the bar, and it is clear at the time when the fighting is terminated, and it is not consistent with the statement."

In such circumstances, E and F, which are the driving of the victim, are consistent with the fact that the victim was pushed down by the defendant in this court, and the victim was pushed down with the stairs, but the victim's side of the entrance fee is shake or the body of the victim.