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(영문) 의정부지방법원 2012.11.29 2011고정3018
상해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. 공소사실의 요지 피고인은 2011. 8. 11. 16:00.경 남양주시 C 사무실 앞 노상에서 피해자 D이 피고인 사무실에 있는 여직원에게 측량기사들에게 물 좀 갖다 주라"고 하면서 피고인에게 "나를 보고 욕한 인간이 저기 앉아 있네"라고 욕설을 했다는 이유로 피해자를 향해 휴대폰을 집어 던지고, 피고인의 오른쪽 팔꿈치로 피해자의 명치 끝을 가격하여 피해자로 하여금 현관 앞 땅바닥에 엉덩방아를 찧게 하였다.

2. Although the Defendant and his defense counsel had been claiming a dispute with the complainant, there was no fact that he had a cellular phone on the floor, but there was no fact that the complainant had an interest in the complainant, and there was no other fact of assaulting the complainant.

3. Each statement in D, E, and F’s investigative agencies and this Court has been made as evidence that seems to correspond to the facts charged in the instant case.

However, in this court, the complainant stated that "the cell phone in which the defendant was the defendant was faced with the passage of the witness, fell into the floor, and the cell phone blue force was left behind the wind of the witness. The cell phone was faced with the body of the witness and reduced to a level of 3 meters." However, the complainant stated that "the cell phone blue is faced with the chest, and brue was sealed," but this statement was made by the police that "the cell phone brue was pushed with the chest, and was pushed ahead of the blue end of the blue of the complainant," but it was different from the statement made by the police that "the cell phone brue was sealed by the defendant in blue with the body of the witness, and it was hard for the complainant to easily understand that the cell phone blue fell within 3 meters, and that it was found that there was no testimony made by the defendant in this part of the police."

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