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(영문) 인천지방법원 2012.11.09 2012고정329
상해
Text

The defendant shall be innocent.

Reasons

1. On September 16, 201, the Defendant: (a) around 13:30 on September 16, 201, d and the victim E (year 21) opened a crosswalk at the street front of a three-distance adjacent to the Southern-gu Incheon Metropolitan City C District; and (b) d and the victim E (year 21) opened the crosswalk.

Accordingly, while the defendant and D or the victim E have a dispute with each other, the defendant left the neck of the victim's neck with his arms, and brought about about about about two weeks of treatment to the victim, the defendant left the inner left part, the left part, the left part, and the knife seat of the victim in need of treatment.

2. Determination

A. The Defendant consistently asserts that, from the police to this court, there was no fact that he had inflicted an injury on the victim by scambing the victim’s neck.

B. The record reveals the following circumstances: ① at the time, D, F, G, and H observed a dispute between the Defendant and the victim at a distance close to the Defendant and the victim; ② at the court, D stated in the purport that “the Defendant did not have any fact with the victim’s neck, but only the Defendant stated in the victim’s chest to remove the victim’s chest with the victim’s shoulder.” ③ The F stated in the investigative agency that “the Defendant did not see that the Defendant was not able to cover the victim’s shoulder with his arms.” At the court, the Defendant appears to have taken the victim’s timber. The Defendant clearly stated that “It is difficult to distinguish whether she was removed from the back of the part of the victim’s neck or acting,” ④ in the court, G stated that “the Defendant did not have any special relation with the Defendant’s neck,” and that “the Defendant stated to the effect that it was not able to see the victim’s neck’s neck,” and that the Defendant stated to the effect that it was “D’s movement.”

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