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(영문) 서울남부지방법원 2013.06.13 2012고정4205
상해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On June 7, 2012, the Defendant: (a) around 23:20 on June 7, 2012, at DB clubs located in Busan, and (b) took a bath to the victim E (ma, 41 years of age) who was playing together; (c) took a face of the victim E and took a face of the victim E with his head, and took approximately two weeks of treatment; and (d) took the face of the victim F (ma, 45 years of age) as head and took approximately three weeks of treatment.

2. At the time of the instant case’s assertion by a defense counsel (defendant) the Defendant had a fact that he or she was showing her her son, but did not cause injury to the Defendant, as stated in the facts charged, and there was no fact that he or she was faced with E’s face or her face being taken by head as he or her head, and rather, he or she was faced with the Defendant’s side with the head. The instant case is a case where the Defendant was fabricated to dismiss the Defendant from the company pursuing defective labor union construction with interest in the construction of the G MUAC.

3. Determination

A. Of the evidence as to the facts charged, E, F, H, I, and J’s statements are not consistent with each other while they are victims or witnesses, and their contents are not consistent, and thus, they cannot be believed to be credibility because they are not consistent. Therefore, it is difficult to find that the Defendant committed assault against the victims, such as the facts charged, as indicated in the facts charged.

(1) E에 대한 상해 부분 (가) E는, ① 피고인이 갑자기 가방을 내어놓으라며 순식간에 주먹으로 E의 왼쪽 뺨을 가격하여 쓰러진 것을 피고인이 수차례 발로 밟아 가격하였다고 고소장(2012. 6. 8.)에 기재하였다가, ② 경찰에서는(2012. 6. 20.), 피고인의 주먹인지 손으로 얼굴을 퍽 맞아 눈을 감았는데 그 뒤에도...

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