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(영문) 청주지방법원 충주지원 2013.05.01 2012고정361

상해

Text

The defendant shall be innocent.

Reasons

1. On August 14, 2012, the Defendant: (a) around 07:00 on August 14, 2012, at the head of the Defendant’s house located in the voice group of Chungcheongbuk-gun; (b) at the time of dispute over the use of the Victim D (year 51) type E and Mail, the Defendant inserted the body of the victim; (c) and (d) inserted the victim into the body of the victim; and (d) put the victim into an open top of the body of the victim for approximately two weeks of treatment.

2. The assertion and judgment

A. The Defendant and the defense counsel asserted to the effect that “Although the Defendant unilaterally was in the process of assaulting from D, he did not immediately leave the inserted materials adjacent to D for the purpose of defending it, he did not injure D,” the Defendant and the defense counsel stated to the effect that “......”

B. According to the evidence submitted by the Prosecutor, the fact that D suffered injury that requires approximately two weeks of treatment on the face of the instant case is recognized on the face of the prosecutor.

However, there was a witness D and F’s each investigative agency and court statement as to whether the Defendant’s insertion occurred or not. However, the following circumstances as shown in the record, namely, ① the Defendant from the investigative agency to the court, to the effect that “it was not a fact that inserted at the defense level, but it was not a fact that it was added to D” were consistently stated in the context of the insertion and the situation before and after the insertion, ② it is unclear whether the injury suffered was covered by or may occur (if the injury was found at the end of the head’s insertion, it appears that the skin was off, and the injury of the Defendant appears to have occurred in the face of the head’s insertion. ③ The Defendant’s photograph appears to be different, ③ the Defendant’s wife’s wife and the Defendant’s party to the dispute over the instant case as the type of E and the Defendant’s party to the case.