상해
The defendant shall be innocent.
1. On May 2, 2013, at around 17:00 on May 2, 2013, the Defendant: (a) while engaging in a dispute with the victim D (the age of 59) in front of the Gangnam-gu Seoul Metropolitan Community Center; (b) while leaving the victim’s refusal to hear, the Defendant inflicted an injury on the victim, such as home-to- home electric power supply, which requires five weeks medical treatment.
2. The evidence that corresponds to the fact that the defendant was sealed of D, E's statement in this court, D, F's statement in the second trial record, police's statement in the second trial record, written statement in the police interrogation protocol, written statement in D's each of the suspect interrogation protocol in the police, written records in the suspect interrogation protocol in the prosecutor's office, records of recording, etc. The contents of D's statement that the defendant suffered an injury from the defendant, F, G's statement that the defendant considered D's failure to refer to the above statements, F, G's statement, and Eul's statement that the defendant mentioned above.
However, in full view of the following circumstances revealed in the record, the above evidence submitted by the prosecutor alone was sealed by the defendant intentionally without any reasonable doubt.
It is difficult to readily conclude that an injury was inflicted on D due to the Defendant’s act.
① The Seoul Gangnam-gu Seoul Village, the place of occurrence of this case, is a market-based village in which the vacant citizens reside. D and E are people who have conflicts with the Defendant in relation to the operation of the C Village, such as the performance of the duties of the Chairperson of the Seoul Village Self-Governing Council, the burden of common use of electricity and tap water, and the Doms problems.
② F는 “피고인이 D의 등 부분을 손으로 밀었고, D이 툭 쓰러지면서 다리를 주무르는 것을 보았다.”고 하였으나, F가 목격하였다는 위치, 피고인과 D이 있던 장소와의 각도, 거리 등에 비추어 볼 때 그 진술을 그대로 신빙하기 어렵다.
③ According to the recording recording and the statement of E in this court, the fact that G has stated to the effect that “the defendant was sealed” at the location of E and H after three days from the date of occurrence of the case at D’s home.