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(영문) 서울북부지방법원 2017.06.13 2017고합49

특수상해

Text

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

Reasons

1. On October 25, 2016, the summary of the facts charged: (a) around 13:35 on October 25, 2016, the Defendant: (b) told the Victim E (V) that “I am holding the tape,” while intending to cut off the tape from the third floor DPC of the Seoul Special Metropolitan City, Nowon-gu’s ground building in order to bring the knife in a knife.

As a result, while the Defendant had a verbal dispute with the victim who had been following the Defendant, the Defendant was able to have a knife the victim's left part of the victim's knife with the knife knife (16cc in total length) of the dangerous object, which was a knife of the knife's body back.

Accordingly, the defendant used dangerous objects to put the left-hand side of the victim in need of approximately two weeks of treatment.

2. The gist of the Defendant and the defense counsel’s assertion is that the victim had a knicker knife knife with the victim’s left knife with the victim’s knife while knifeing the victim, and there was no intention to inflict an injury on the victim.

3. Results of the jury verdict - Seven persons.

4. The Defendant and the victim have some parts of the statement, which seem to be somewhat inconsistent.

In light of the evidence duly admitted and examined by the court, in light of the following: (a) whether the aforementioned statements and the witness F’s statement are consistent with the legal statement on the background of the instant case; (b) relationship with the Defendant’s husband and wife; (c) criminal history; (d) the shape and location of the Defendant’s wife; (c) the degree of injury; and (d) the time when the victim was aware of the injury; (d) the actions of the Defendant following the occurrence of the injury; and (e) the name of the crime committed in the course of the investigation, etc.

It is insufficient to view it, and there is no other evidence to prove it.

5. Conclusion, the instant facts charged constitute a case where there is no proof of crime, and thus, the Defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the judgment is rendered pursuant to the main sentence of Article 58(2) of the Criminal Act.