상해
The defendant shall be innocent.
1. Around August 21, 2013, the summary of the facts charged was around 21:00, the Defendant: (a) had a civil petition filed by the victim D (the 48 years old); (b) in front of the E-ray operated by the victim D (the 48 years old); (c) placed the victim in the state of being insured, on the ground that the Defendant was placed in the Pyeongtaek-gun Office; (d) had the Defendant’s face face part several times; and (e) had the victim’s head part one time and pushed the victim’s chest.
Accordingly, the defendant injured the victim for about 14 days of medical treatment, such as brain salute, etc.
2. The defendant and his defense counsel asserted that the defendant's act is a legitimate act that does not go against the social rules and thus is justified. The defendant's act is a legitimate act that does not go against the social rules.
3. Determination
A. The victim’s statement, witness F’s statement and injury diagnosis statement are admissible as evidence corresponding to the facts charged in the instant case.
However, the following circumstances acknowledged by the evidence duly adopted and investigated in this court are as follows: (i) the victim stated in the first investigation that the defendant was injured by her head after 6,7 times at the time of the defendant's her head in the first investigation process; (ii) the victim also stated that the defendant was at the time of drinking the victim; (iii) the time and method of assaulting the victim is different from the victim's statement; and (iv) the victim's statement was well aware that the victim was at the time of her head after the F's statement; and (v) the other witness's statement that the victim was at the time of her head; and (v) the other witness's statement that the victim's chest was at the time of her head after her statement, it is difficult to believe the victim's and F's statement as it is; and (v) the victim's diagnosis statement alone is written.