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(영문) 창원지방법원 2020.11.19 2020고정549
상해
Text

The defendant shall be innocent.

Reasons

On November 2, 2019, the Defendant: (a) around 16:30 on November 2, 2019, the Defendant: (b) around Kimhae-si B Apartment Co., Ltd. followed that the Defendant and the husband of the Defendant and the victim met; and (c) took the Defendant’s body against the Defendant’s her husband, and was sealed in the Defendant’s seat by hand.

As a result, the defendant brought a hole on the part of the victim's non-treatment days and the part of the treatment, and inflicted an injury upon the victim.

2. The Defendant consistently denies his/her criminal act from the investigative agency to this court.

A victim’s statement was made as evidence consistent with the facts charged in the instant case, and the statement was made to the effect that “The body fighting with the Defendant and her husband was made, and was made in the process of physical fighting with her husband, and was in a hole in the process of physical fighting with the Defendant, while under the influence of alcohol, and was made in a hole in the hands.”

At the time, the situation was the situation in which the defendant and the injured party were able to exercise violence against the defendant and her husband and the injured party were damaged.

It is unclear whether the damage in this case occurred in the process of physical fighting with the defendant, not the husband's body fighting, and it is possible to view the defendant as a passive defense against the victim's unilateral violence, etc.

Therefore, the above statement alone is insufficient to view that the defendant intentionally inflicted an injury on the victim.

The victim did not notify the police of the fact that he was injured by the defendant at the scene of the case.

Above all, there is no additional evidence such as photographs and treatment records proving the injury in addition to the above statements.

Rather, the husband made a statement to the effect that the defendant did not have any injury to the victim and was unilaterally abused by the victim.

Considering all the above circumstances, the evidence presented by the prosecutor alone is difficult to deem that the instant facts charged were proven without any reasonable doubt.

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