상해
The defendant shall be innocent.
1. On October 18:40 on October 10, 2013, the Defendant: (a) expressed that in the D parking lot located in Gangnam-gu Seoul Metropolitan Government, the victim E (the age of 65) who is a parking manager would not park a vehicle on the front road of the parking lot; and (b) made a call to the effect that “if you park, only that person will grow up and throw away, he will leave the vehicle.” (c) and (d) the Defendant took a bath to the effect that “The victim’s neck will grow up and throw away.” (d) the Defendant, by hand, took three the parts of the victim’s neck in need of approximately two weeks of medical treatment.
2. However, as evidence corresponding to the facts charged in this case, there are statements in investigation agencies and courts of E, photographs of the upper part, and medical examinations of injury.
However, in light of the following circumstances, it is difficult to believe only the statement of E to which one party is the party, and other evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant inflicted an injury on E, and there is no other evidence.
① On October 10, 2013, E stated that the Defendant was at least three times in the statement made by the Defendant, and that the police was at least four times in the statement made by the statement made by the Defendant. On the other hand, in the written statement made by the Defendant, he was at least seven times in the written statement made by the Defendant, and that he was at least three to four times in this court, and there was a difference between the statement and the statement made by the Defendant.
② Meanwhile, the Defendant consistently asserted that there was no physical contact while recognizing the fact that the police officer called out at the time of the instant case due to E and parking problems, which led to mutual desire.
③ The F, a police officer, appeared as a witness in this court and examined the part that E was dispatched at the time of dispatch, and clearly stated that the F, which was adopted as evidence, could not be discovered at all at that time, even if he was scam of assault (16 pages of investigation records).
It is natural that the scam of the assault that the police did not know at the time of the examination of the police is likely to be natural if the photograph is taken later.
(4)