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(영문) 대구지방법원 상주지원 2014.09.02 2014고단255

상해

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 1, 2014, the summary of the facts charged of the instant case: (a) at the Defendant’s tree field located in C at the time of his stay on April 1, 2014, the Defendant: (b) at the Defendant’s tree field; (c) at the time of leaving the headline of the victim D(75 years of age); (d) at the time of the Defendant’s leaving the headline of the victim D(75 years of age); (c) at the time of the victim’s resistance, the Defendant raised an objection against the victim; and (d) at around 28 days of the victim’s face by drinking.

2. However, there are statements and bodily injuries in D's investigative agencies and this court as evidence that seem to correspond to the facts charged in this case.

On the other hand, the records show the following circumstances.

① The police submitted a written statement that he was taken away from the Defendant’s face and side live statement (as stated in the 9th page of the investigation record), and subsequently stated that the police intended to take place in the face and side live statement from the Defendant (as stated in the 33th page of the investigation record), submitted a written statement that he had taken the face from the Defendant and lost his mind (as stated in the 68th page of the investigation record), and stated that he attempted to take place in the face from the Defendant (as stated in the 106th page of the investigation record), and that he was able to take place in the face from the Defendant (as stated in the 106th page of the investigation record). The statement is inconsistent as to which part of the face was taken by the Defendant, whether he was facing the face, whether he was deprived of his mind or not.

② The photograph taken immediately after the instant case does not seem to have any injury to D, and rather, D cannot be believed as it is, by denying the fact of injury to the Defendant, even though the Defendant’s face was faced, even though the Defendant’s face was faced, it is difficult to believe that D is a statement.

(See Investigation Records No. 107 and D’s legal statement, etc.). (3) D has been a defendant when exchanging talks with E, while E has been witnessed in the field.