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(영문) 부산지방법원 서부지원 2020.06.25 2019고단851

상해

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged by the Defendant appears to be a clerical error in writing in the written indictment written by the victim C(76 years of age) located in Busan Seo-gu around 16:00 on August 26, 2018.

In front of the entrance, a dispute is raised over the problem of the victim and the house of the tenant.

As a result, the victim's left side of the victim was injured by approximately two weeks of the victim's side knee, such as the base of the side knee, tension, etc.

2. In light of the following circumstances, it is insufficient to find that the evidence submitted by the prosecutor alone proves that the Defendant was kneeeing the victim’s knee-time injury, and there is no other evidence to acknowledge it.

(1) Although the victim made a statement about the content of damage in an investigative agency and this court, the victim did not make a consistent statement about the method by which the defendant prices the victim, the frequency of the defendant's sending the victim, and the time when the defendant assaults the victim.

Considering the fact that the victim's age is high and is suffering from brain - the difference in the statement about the damage is reasonable, and the victim stated that his/her memory is not problematic, the credibility of the victim's statement is doubtful.

② The Defendant was located outside the victim’s door door, and the victim was inside the victim’s door, but the victim’s door was above approximately 15 to 20 cm from the floor outside the front door.

Therefore, in order for the defendant to grow knee of the victim to knee, knee of the victim can hear the bridge by adding about about 15 to 20 cm to the kne height of the victim. In light of the situation where the defendant suffers from symptoms of spine kne in the age of 1948, it seems difficult for the defendant to knee of the victim due to its high height.

(3) D who has observed a situation at the time shall inflict an injury on the victim.