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(영문) 창원지방법원 진주지원 2019.05.30 2018고정387

상해

Text

The defendant shall be innocent.

Reasons

1. On May 30, 2018, the summary of the facts charged was as follows: (a) around 15:00 on May 30, 2018, the Defendant: (b) reported that the Defendant was engaged in removing miscellaneouss, etc. in a dry field in which the owner and C do not possess a farmer; and (c) stated, “When the crops are damaged without the owner’s permission, the owner would be permitted, and out-of-the-spot would be allowed; (d) the Defendant’s clothes were cut down by hand; (e) the Defendant dumped the Defendant’s clothes; and (e) the Defendant dumpeded the bals of the complete bals of both sides, which require two weeks of treatment, and then the Defendant dumped the bals of both sides, which require two weeks of treatment.

The Defendant, against this, dumpeded the 14-day medical treatment of the victim, such as dump, salped, salped, salped, and salped, and salped, in a state where the Defendant was used on the floor and was used on the floor.

2. Considering that the victim's investigative agency and the statement in the court are not consistent, and considering the fact that the defendant is more than 20 years old than the victim, it is difficult to believe the victim's statement as it is, and even if the defendant committed an act of resistance in order to escape from the situation where the defendant was committing an assault with the victim as stated in the facts charged, it is merely a passive resistance and it does not constitute a crime as a justifiable act as stipulated in Article 20 of the Criminal Act.

Thus, the facts charged in this case constitute a case where there is no proof of facts constituting the crime or it is not a crime, and thus, it is not guilty under Article 325 of the Criminal Procedure Act