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(영문) 대전지방법원 2014.08.29 2014고정641

상해

Text

The defendant shall be innocent.

Reasons

1. On July 4, 2013, the Defendant: (a) around 15:30 on July 4, 2013, when driving a vehicle in front of D in Seo-gu Daejeon, Seo-gu, Daejeon, the victim E (the age of 53) was walking forward and did not turn on the road; (b) took the victim’s neck by hand; (c) took the victim’s face and chest part by drinking the victim’s hand; (d) took the victim’s left part due to rain, took the victim’s hair back his/her head by hand; and (e) took the victim’s head from 14-day medical treatment.

2. In light of the witness F’s testimony, it is difficult to readily conclude that the Defendant inflicted an injury on the victim by the same method as the facts charged, solely on the witness E’s testimony, the upper part, and the injury diagnosis report, in light of the witness F’s testimony

(On the other hand, while recognizing the fact that the victim's chest was a citizen at one time in the course of passive resistance by assaulting the victim, it is difficult to conclude that the defendant had a criminal intent to injure the defendant in light of witness F's testimony or that the above act contravenes social norms). 3. Accordingly, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.