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(영문) 대전지방법원 2014.04.09 2013고정813
폭행치상
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant, around 11:00 on November 10, 2012, becomes the first floor of the Jung-gu Daejeon Ctel and D (the age of 79) and monetary issues, and has a dispute.

While the victim tried to find out the victim's cell phone number after cutting off the victim's cell phone, the victim was faced with the victim's amblick part of the victim's ambry with the defect in order to recover the above mobile phone and caused the victim to suffer bodily injury, such as the ambalone, which requires the victim's treatment for about 14 weeks.

According to the description of the medical certificate of injury, it is recognized that D had suffered an injury as stated in the facts charged at the time, but it is also considered whether such injury was caused by the Defendant’s assault (abundating the part of D).

The evidence of the defendant's assaulted against D is only a statement of E (name D), but it is difficult to believe that it is for the following reasons.

(1) A witness F's statement is examined by D E in an investigative agency, but D is deemed to have cancelled his/her resident registration before several years, engage in a social life as if he/she were two parts of E, and the health insurance was applied in the name of E.

The statement on the statement is not clear and concrete that the statement on the part and the circumstances of the assault.

(D) The statement that “the Defendant did not pay the money by changing the amount of money, and did not have any defect.” However, this is considerably different from the facts charged that “the Defendant did not get off the mobile phone of D, and there was no specific statement as to which part of D was sealed.” ② According to the statements made by D in this Court, D’s statements made in this Court, D appears to be a person who is difficult to find the truth because there are many false and false falsity and thus, D appears to be a person.

(D) An investigator and a person related to the hospital have made a false statement on his own name. (3)

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