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(영문) 의정부지방법원 2016.06.30 2015고정2511
상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged reveals that the Defendant got out of singing-ro, sing-ro, 04:0 on May 1, 2015, and around 04:00, and around 50,000, the Defendant got out of the Republic of Korea (hereinafter referred to as “the Defendant”) the victim D (the 50-year-old age), who was driven by C, would be free from the Defendant’s fighting of E and her body. As the Defendant was forced from the Defendant’s fighting of his body, the Defendant sing-outeded the victim for approximately four weeks of the victim’s entrance by drinking.

2. Determination

A. The Defendant, in consistent with the Majority Opinion from the investigative agency to the instant court, only sought to leave the Defendant’s timber, and did not see the victim’s drinking. As such, the Defendant denied the aforementioned charges on the ground that there was no fact that the victimized party tried to go out of the Defendant’s timber.

B. Direct evidence corresponding to the above facts charged lies in the victim's investigative agency and the victim's statement in this court and the victim's injury diagnosis report.

However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, each victim’s statement is difficult to believe as it is, and it is difficult to find that the injury diagnosis report alone is sufficient to establish that the facts charged in this case was proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.

① At the investigative agency and this court, the victim stated that, on the top of the steering seat of the vehicle driven by C on the day of this case, there was a dispute between E and the defendant on the back seat of E and the back seat of E respectively, and the defendant, who was on the back seat of E, stopped the vehicle of this case due to the outbreak of E, and the defendant, who was on the back seat, stopped the vehicle of this case. In the course of E and C's unloading from E and C, the injured person was at the time of the victim's face by drinking the defendant, and the injured person was prevented from suffering with the other hand of the defendant's head debt.

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