(영문) 대구지방법원 서부지원 2014.06.11 2013고정1244

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(영문) 대구지방법원 서부지원 2014.06.11 2013고정1244

상해

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

Reasons

1. In the facts charged, the Defendant and the victim D(the age of 27) are employees of the Korea Highway Corporation affiliated with the external company of the elderly branch.

On January 26, 2013, the Defendant: (a) around 22:00, the Korea Highway Corporation, which was in the Blue House of the Aged, had a problem of organizing work with the victim in front of the former branch of the Korea Highway Corporation; (b) and (c) had a dispute with the victim; (d) on January 26, 2013, the Defendant brought about two parts of the left side of the victim’s head, which require approximately two weeks of medical treatment by using a double ethyl ethyl material used by the victim in his hand.

2. Determination

A. The facts charged in a criminal trial must be proved by the prosecutor, and the judge should be convicted with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

B. As evidence consistent with the facts charged in the instant case, D’s statement (legal statement, police and prosecutor’s protocol of interrogation), F’s statement (legal statement, page 57, page 85, page 45, page 86 of investigation record), G’s statement (legal statement, page 84, page 84 of investigation record), H’s statement (written statement, page 84 of investigation record), I’s statement (written statement, page 59, page 86 of investigation record), and injury diagnosis statement. In light of the following circumstances acknowledged by evidence duly adopted and investigated by the court, it is difficult to believe that each of the statements made by D, F, and H is difficult to recognize the facts charged, and there is no other evidence to acknowledge it.

(1) The occurrence time of the instant case was difficult at night 22:0,000.

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