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(영문) 창원지방법원 진주지원 2013.11.19 2013고정400
상해
Text

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

Reasons

1. On December 23, 2012, the Defendant: (a) around 17:20, Jinju-si, Jinju-si, 104 Da104 101, 104 Da 101, a competitord D (the age of 35) with his/her competitord with his/herme with his/her face on his/her hand while she was in dispute with his/herme in connection with his/her oral business; (b) on the contrary, he/she suffered five parts of his/her breast part of his/her chest due to her hair, and inflicted injury on the victim, such as scars, in need of treatment for about 14 days.

2. The facts acknowledged by this court based on the evidence duly adopted and examined by this court: ① at the time, the Defendant was able to get her head with her head with her much more or more, and young male her head with her head with her head with her head, and the Defendant’s head was her head with her head with her head contact D’s chest; ② The degree of injury 2 and the degree of 3 weeks are often often dependent on the symptoms of the parties complained by D, so it is difficult to view that D’s injury diagnosis submitted by her head has the value of evidence above D; ③ The injury diagnosis submitted by her head with her head with her head with her head’s her head with her head with her head’s her head with her head with her her head with her head; ③ it is difficult to deem that D’s injury diagnosis is worthy of evidence beyond D’s statement due to the circumstances where D

(4) Furthermore, considering the circumstances such as the Defendant’s act passive resistance against D’s unilateral assault and it is difficult to view it as an act leading to assault, the evidence alone submitted by the prosecutor was used by the Defendant to use any violence against D.

It is difficult to recognize the fact that D has suffered a certain injury, and there is no other evidence to prove the above fact.

3. According to the conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

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