상해
The defendant shall be innocent.
1. On February 12, 2019, the Defendant assaulted the victim, such as the victim C (the 55 years of age) who is the resident of the above apartment, and the quizzle that water leakage occurred in the hot water pipe at the entrance of the Seongbuk-gu B apartment management office in Seongbuk-gu, Seongbuk-gu, Seongbuk-si, Sungnam-si, and the Defendant used a mutual dispute with respect to the occurrence of water leakage in the hot water pipe with the Defendant’s hand.
2. 피고인 및 변호인의 주장 피고인은 공소사실과 같이 피해자의 멱살을 잡고 가슴과 목을 손으로 치거나 왼손을 할퀸 사실이 없다.
First of all, there is only the fact that the victim puts up and removed the victim's hand in order to catch the defendant's body and get out of the trace of the defendant's body.
The defendant's act constitutes self-defense or legitimate act.
3. Determination
A. According to the evidence duly admitted and examined by this Court, the following facts are recognized.
① According to the CCTV images at the time of the instant case, the victim resisted on February 12, 2019 that the Defendant would open a hot water valve to the Defendant, and caused the Defendant to have a dular, and the Defendant was not leading the victim to the direction of getting the victim getting out of a dular, and thereafter, it is confirmed that the Defendant had a ctv video with the victim getting out of the dular, thereby getting out of the dular, and that the Defendant got out of the ctv video and escaped from the victim (Ctv image CD 01:34-01:52). ② After confirming the said Cctv images, the Defendant filed a complaint with the victim on February 13, 2019 that the victim was suffering from the injury of the victim by getting out of the duul and pushinging with him.
When the investigation of the victim was initiated, the victim filed a complaint with the defendant on March 4, 2019, the day before the police interrogation was conducted.
③ The Defendant, even in the investigative agency, had her body while getting a dular and getting a dular, had not set up any defense against the Defendant (16 pages of investigation records) and her dubling.