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(영문) 대구지방법원 김천지원 2018.10.04 2018고단267

존속상해

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the defendant is a child of the victim B (n, 88 years of age) and has a serious conflict with the victim due to a dispute, such as the victim's house ownership.

On December 2, 2017, the Defendant, at around 13:18, the victim's house located in Kimcheon-si C, paid the victim's land usage fee to the victim's house, coming from the house, and the victim's large children and their house, and went through a dispute between D and the victim's house, the victim, who was putting gate into gate due to his/her own hand, was faced with the victim's house and gate.

As a result, the Defendant got a scarcity of a scarcity that needs to be treated for about 2 weeks.

2. The judgment of the Defendant is that “The Defendant: (a) brought his house gate into B, but due to that, did not result in the injury while the Defendant she faced with the gate B; (b) opened his gate on the inside and outside of D; and (c) thereafter, D came to go beyond B by leading B.

“The crime is denied by asserting that it is the case.”

In view of the video recording the site of the case at the time, the Defendant’s assertion is consistent with the Defendant’s assertion, on the ground that: (a) the Defendant saw the gate, (b) opened the gate inside the inner part of D, and (c) opened the gate on the side of B; and (d) thereafter, D knife B and the knife B goes beyond the bottom of D.

If the elderly B goes beyond her chest in the front door, it is common that B and D immediately b and D resist or resisting the defendant's act, and such form is not visible in the video.

(On the other hand, the “crime screen CD” presented by the prosecution as evidence was reproduced and reproduced by the Defendant’s photographing the scene of the instant case. Unlike the CD newly presented by the Defendant in the court, the situation immediately before the Defendant exceeded the floor of B does not appear properly.

B is a serious conflict between the defendant and the property dispute, and the transfer of this case.