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(영문) 서울북부지방법원 2020.01.30 2019고정450
상해
Text

The prosecution of this case is dismissed.

Reasons

1. On August 26, 2018, the Defendant: (a) around 16:30 on August 26, 2018, at the “C” office located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) on the ground that the victim D (the age of 71) from among the high saw saws, he sawed the victim’s neck, thereby damaging the victim’s neck over the floor, thereby causing injury to the victim, such as the diverse base, tension, etc., for about two weeks of medical treatment.

2. According to the police statements such as E and witness F where the defendant and the victim called the fighting, including the victim, it is recognized that the defendant physically assaulted the victim by hand.

However, in full view of the following circumstances, it is difficult to readily conclude that the injured party’s wife was injured to the extent that the injured party’s bodily integrity or impedes physiological functions, thereby constituting an injury.

On August 30, 2018, the victim was placed in a hospital and was treated with drugs according to the diagnosis of “intestines and tensions on the fluoral sates”, etc.

According to the medical certificate and the medical opinion written at the time, the victim visited the above hospital once, and the above hospital did not receive physical treatment, etc. in addition to the above drug treatment.

The victim stated to the effect that, in relation to the injury in the police, “the victim was faced with the Speaker,” and that, as the victim fell in the house, the victim took care of 3 days after being treated at the Amphae House, and she took her clothes after being treated at the Ampha Hospital.

In addition, the body of the victim’s 's sloping’ was taken as a part of the victim’s injury in a photograph, which appears to have been taken at the time of the investigation.

After four days from the date of the occurrence of this case, the victim's report was conducted by the defendant, and the investigation of this case was conducted by E, such as the investigation of the witness, and the victim's visit to the hospital was the most significant intention to submit to the investigation agency with a medical certificate.

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