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(영문) 대구지방법원 2014.05.16 2013노2707

상해

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal (fact-finding) is only the Defendant unilaterally committed an assault against A, and there is no assault against A, and only A has defended against A’s face and part less than the Defendant’s face on several occasions.

2. Determination

A. On November 21, 2012, the Defendant: (a) around 17:00 on November 21, 2012, the instant charges: (b) inflicted injury on the victim’s right side face, such as damage to the expression of a detailed face requiring treatment for about two weeks, on the part of the victim, while taking a bath against the assault by the victim A (the age of 68) in front of the reservation room in the 13th floor of the building in Daegu-gu, Daegu-gu, the Defendant: (a) was in possession of the victim’s obscis; (b) on the other hand, approximately 15cm in length x 22cm in height x 3 cm in height).

B. The following facts acknowledged by the records of this case are consistent with the defendant's statement, namely, the defendant has consistently stated from the investigative agency to the court of the court below that there was no violence against the victim by inserting his hand consistently with the victim's left hand, and preventing the victim's hand. F, the only witness to the crime of this case, at the court of the court below, stated that the victim was able to take the bath first at the time of the crime of this case, and the defendant was faced with the defendant's statement to the effect that one hand was able to defend the victim at the time of his hand, and that the defendant was not able to see the victim's face at the time of the crime of this case, and that it was consistent with the defendant's statement to the effect that the defendant was not able to see the victim's face at the time of this case, and that F's statement was credibility because there was no special reason to see the defendant's statement favorable to the defendant's own face at the time of this case.