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(영문) 창원지방법원 2019.11.21 2019고정347

상해

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On October 4, 2018, the Defendant: (a) around 12:10 on the charge, at the “C” located in the Chang Sea-gu Seoul Special Metropolitan City, which was operated by himself; (b) after performing the construction of the water pipeline for an apartment complex in which the victim D was living, the Defendant heard the victim’s words “mail” from the victim who was suffering from the occupant’s representative without the consent to do so; and (c) during the process of a mutual dispute, the Defendant saw the victim’s breath and boomed the victim’s breath.

As a result, the Defendant committed an injury to the victim, such as a slick salt slick, which requires approximately two weeks of treatment.

2. At the time of the defendant's assertion, D and E were found in the office of the defendant without any talking in advance. As the defendant's abrupted promise means that the defendant should go to D with the intention of occupation, and that the defendant would bring a sense of pressure that the defendant prepared in advance. As D's abrupt, and flapidd the defendant's flab, and then, D attempted to get the defendant.

It is only the fact that the defendant himself has slicked, and there is no fact that the defendant has inflicted an injury by harming the victim, such as the facts charged.

3. Determination D and E stated to the effect that they correspond to the facts charged in the court and the police.

On the other hand, F complies with the Defendant’s defense, such as stating in the court that “I witness the instant case at that time, I want to see less back the back of the Defendant who would come to the outside of D, and the Defendant does not go beyond D’s dub and do not go beyond D’s dub,” and goes against the contents of each of the statements made D and E.

However, it cannot be readily concluded that each statement of D and E is more reliable than the above F’s statement, and no special circumstance exists to reject F’s credibility, and circumstances that can be verified by evidence adopted and investigated by this court, namely, the Defendant first reported to the police, and immediately after the report, D and E leave the scene.