상해
The defendant shall be innocent.
1. On September 22, 2015, the Defendant: (a) 10:48 on September 2, 2015, on the following facts: (b) 10:48, the Defendant: (c) she was a victim D (57:3) who abused himself/herself in front of Sungnam-si C; and (d) she went away after driving away the vehicle and tried to stop the operation of the victim’s vehicle; (b) the victim she gets back of the victim’s back and kided by her hand, thereby causing injury to the victim, such as salt, tension, etc., in need of treatment for about 14 days, by taking the victim’s hand.
2. Determination
A. The defendant and his defense counsel asserted that although there is a fact that the defendant kids a motor vehicle about to turn the back of the victim who escaped, it is not true that the victim kids the back of the victim and kids on his hand.
B. As evidence consistent with the facts charged in the instant case, there are ① the victim’s investigative agency and legal statement, ② the statement to the investigative agency of the shot E (F before the opening of the name), and ③ the injury diagnosis letter.
We examine the admissibility and reliability of each evidence.
1) The police statement protocol of E made in the investigation agency of E is inadmissible, since the defendant did not consent to use it as evidence, and the authenticity of its formation is not recognized by the statement of the person who made the original statement.
2) The statements made by D investigative agencies and legal victims of D are not reliable, because they are hard to reverse the statements or to believe them by themselves without any objective evidence and any objective evidence as follows.
A) Whether the victim’s statement was accompanied by E at the time of the instant case (in the face of 2-8, the record of the witness examination, the record of the witness examination, the page 4, 10, 14 of the investigation record), and whether the victim reported to the police to the police was assaulted by the victim (the record of the witness examination, the record of the witness examination, the record of the witness examination, the page 9, 10 of the investigation record), whether the victim was tried to move to another place at the time (the record of the witness examination, the record of the witness examination, the page 4, 13 of the record), and the victim opened the door at the time.