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(영문) 대전지방법원 2016.06.17 2016고단238
상해등
Text

Of the facts charged in the instant case, each of the assaults and intimidation is acquitted.

Reasons

The acquittal portion

1. Summary of each of the facts charged in the instant case

가. 피고인은 2014. 10. 18. 09:00 경 충남 금산군 C 주거지에서 아기와 잠을 자고 있던 피해자 D에게 말을 걸어 깨우고 피해자가 " 아기 깨니까 조용히 해 "라고 말을 하자, " 좃 같은 목소리 듣기 싫으니까 그만 해 "라고 화를 내며 손으로 피해자의 얼굴 부위를 때리고, 머리채를 잡아 흔들고, 주먹으로 머리 부위를 때리고, 계속하여 거실 바닥에 깔려 있던 매트를 피해자에게 던지는 등 폭행하여 피해자에게 약 2 주간의 치료를 요하는 다발성 좌상 및 피하 출혈의 상해를 가하였다.

B. On March 1, 2015, around 21:00, the Defendant visited the victim, who was living in his/her place of residence, shows his/her her her sensium. On February 16, 2015, the Defendant: (a) reported a case that was under drinking control on February 16, 2015; and (b) caused the victim to face with his/her brupted door, and (c) caused the victim to face with his/her brupted door, thereby requiring approximately two weeks of treatment.

2. As to this part of the facts charged, the victim's statement cannot be admitted as evidence due to the victim's exercise of the victim's right to refuse to testify, and it is not sufficient to recognize the victim's statement only with the statement of investigation report (which is accompanied by evidence photographs and diagnosis report)

Therefore, since each of the facts charged in the instant case constitutes a case where there is no proof of a crime, the court rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act and rendered a public notice of the judgment of innocence pursuant to Article 58(2) of the Criminal Act.

Rejection of Public Prosecution

1. Summary of each of the facts charged of the instant case’s assault and intimidation

A. (1) On August 22, 2012, the Defendant: (a) on August 22, 2012, 09:00, to the victim D, who was the wife, within the boundary of the Simsan-gun C’s residential area, “I think that he was the former husband”

The victim's face, hair, leg, etc., who does not take the city expenses, can drink the victim's face, hair, leg, etc., and the victim who returned home after going out about 1-2 hours after going out.

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