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무죄
(영문) 대전지방법원 2017.1.16.선고 2016고합369 판결
특수상해
Cases

2016 Gohap369 Special Injury

Defendant

A person shall be appointed.

Prosecutor

Inception (prosecutions, public trials), Kim Jae-Nam (public trial)

Defense Counsel

Attorney B (Korean National Assembly)

Seoul High Court 200

7 persons

Imposition of Judgment

January 16, 2017

Text

The defendant shall be innocent.

The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged

On December 26, 2015, at around 20 01: 20, the Defendant: (a) while drinking alcohol together with D (n, 48 years of age) with the victim who was aware of the son in the Dong-gu, Dong-gu, Chungcheongnam-gu; (b) on the ground that the victim was her son while taking a bath, and was her part of the Defendant’s flag, and was her son, her son was boomed by 000, and her face was flicked by her face, and she was flicked with the victim’s head, which is a dangerous object on the meb, and she was her part of the victim’s head, and around 21 days of treatment was her part of the mecher for the treatment of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Determination

A. Summary of the defendant and his defense counsel's assertion

As stated in the facts charged, the Defendant did not have any fact that he was flicking of the victim’s head. At the time of the instant case, the Defendant was flicking with the victim while engaging in a dispute with the victim at the time of the instant case, and the victim’s face was her face at that place. However, the Defendant is merely able to flicking or photographing the face while going beyond the floor where the victim was slicking of beer and her face was flicking, and it does not change by the Defendant’s act.

(b) Results of the jury verdict;

- Seven not-guilty (the full-time detention);

3. Conclusion

Since the facts charged against the defendant constitutes a case where there is no proof of a crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act and the summary of the judgment is publicly announced under Article 58(2) of the Criminal Act.

Judges

Judges Park Chang-chul

Judges Han-hee

Judges Park Jong-young

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