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(영문) 대구지방법원 2014.02.07 2013고정2352

상해

Text

The defendant shall be innocent.

Reasons

1. Around 09:52 on March 27, 2013, the Defendant: (a) leased the site in the Do Improvement Center run by the Defendant in Daegu-dong-gu, Daegu-gu, to a third party, the victim E (the age of 36) who operates the third party, and the lease deposit; (b) brought a dispute over the third party as a matter of the lease deposit; (c) the Bani (70cm x 50cm) at the office located in the office due to the fact that the Kasi-dong-gu, Daegu-gu, the Defendant left the left side of the victim and left the left side of the victim, which requires approximately two weeks of medical treatment.

2. The Defendant’s testimony and legal statement, injury diagnosis statement, recording records, etc. are admissible as evidence that the Defendant was faced with the appearance of the next victim and that the injury as stated in the facts charged of the instant case was caused by the occurrence of the injury.

However, in light of the following circumstances acknowledged by each evidence duly adopted and investigated by this court, it is difficult to believe the victim's statement as it is, and the remaining evidence alone is insufficient to recognize that the instant injury occurred due to the Defendant's act, and there is no other evidence to acknowledge it.

Thus, since the facts charged in this case constitute a case where there is no proof of crime, it is so decided as per Disposition by deciding not guilty under the latter part of Article 325 of the Criminal Procedure Act.

① 피해자는 수사기관 이래 이 법정에 이르기까지 사건 현장에서 F과 마주 보고 앉아 있었고 피고인은 F의 오른쪽 옆에 서서 이 사건 바구니를 피해자를 향해 찼으며 그로 인해 좌측 하퇴 좌상이 발생하였다고 진술하였다.

② However, according to the body’s photograph attached to the injury diagnosis certificate, the Defendant’s act of inflicting an injury on the inside, not knee, on the left side of knee, on the part of the Defendant, who was on the part of F while she was reporting with F. The Defendant and the victim reported mae.