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(영문) 서울서부지방법원 2013.07.11 2013고정40
상해
Text

The accused shall dismiss an application for compensation by the applicant for compensation of the acquitted;

Reasons

1. On May 26, 2012, the Defendant: (a) around 17:30 on May 26, 2012, the Defendant: (b) requested the victim (applicant) C (applicant) to file a written objection on the apartment price prepared by the victim with the signature and seal of some residents in relation to the F urban development promotion; (c) however, (d) the victim did not know the victim; and (d) took the victim’s left arms from the victim, thereby causing injury to the victim, such as dives, requiring approximately 10-day medical treatment.

2. Each statement (the complaint, the police statement, the victim's legal statement) and the injury diagnosis statement, etc. are admissible as evidence corresponding to the facts charged that the defendant injured the victim.

The victim stated that the defendant suffered an injury by taking the victim's fingers from the investigative agency to this court. However, the following circumstances revealed by the records of this case: (i) the defendant consistently stated from the investigative agency to the investigation agency that there was no fact of using the victim's fingers or physical force in the course of recovering the above written objection from the defendant during the process of recovering the said written objection from the defendant; (ii) G, H, which was at the time and place indicated in the above facts charged, was a little fighting between the defendant and the victim in the course of taking the hand with the victim's written objection not to have the victim deducted the written objection; (iii) although the defendant was fighting between the defendant and the victim in the process of taking the hand with the victim's written objection not to have the victim deducted the written objection, the defendant cannot be deemed to have taken the part of the victim; and (iv) the victim was able to stand or stand in the process of this procedure.

(3) At the time of the instant case, the victim was operating the transfer house for the aged of 64 years.

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