beta
(영문) 수원지방법원안양지원 2020.08.12 2019고정520

상해

Text

The prosecution of this case is dismissed.

Reasons

The acquittal portion

1. On June 18, 2018, the Defendant: (a) around 00:30 on the rooftop of a building located in Ansan-si B, Annyang-si; (b) performed drinking with the victim C, etc. and drinking with the victim as a trial expense; and (c) took the victim’s face with his/her hand while having a dispute with the victim and drinking with the victim, the Defendant inflicted an injury on the victim, such as batfing or going back for about 28 days in need of medical treatment.

2. At the time of the instant case, the Defendant consistently asserted that, while making a dispute with the victim at the time of the instant case, the victim had flapsed twice, but the victim’s face was not at the time of drinking.

Along with the breath of a victim, the Defendant’s statement and written diagnosis of injury as to whether “the face of the victim was inflicted upon the victim by drinking at a time” is beyond the breath of the victim.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the form and method of violence committed by the defendant against the victim, in particular, the victim’s statement on the number of times when the defendant prices the victim’s face as drinking, are somewhat inconsistent (the victim made a statement at an investigative agency to the effect that “the victim took the victim’s face at least five times in drinking,” but this court stated to the effect that “the victim took the victim’s face at the time of drinking,” and ② the witness D stated in this court that “the victim took the victim’s face at the beginning at the time of the instant case, but was at the site of the instant case from the beginning at the time of the instant case, until the end of the instant case,” and the witness D stated to the effect that “the defendant was unable to take the victim’s face at the time of drinking, but the defendant did not take the victim’s face at the time of the instant case at the time of the instant case.”