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(영문) 서울동부지방법원 2017.08.18 2016고정1982
상해
Text

The defendant shall be innocent.

Reasons

1. 공소사실의 요지 피해자 C은 2016. 6. 3. 19:00 경 서울 강동구 D에 있는 자신이 운영하는 과일가게에서, 피고인이 위 과일가게에서 사간 과일에 대해 항의하여 서로 말다툼을 하다가 화가 나서 주먹으로 피고인의 가슴을 때리고 밀친 후 손으로 피고인의 이마 등을 긁고 피고인의 손을 꺽어 피고인에게 약 21일 간의 치료가 필요한 중수지 골 및 지골 간 관절에서 손가락인 대의 손상 등을 가하였다.

Accordingly, the Defendant, at the above date and place, brought about a dispute with the victim C (at the age of 55) for the foregoing reasons, and brought an injury to the victim, such as salt 14 days, rain dys, and fysium fying the victim’s face, by taking the victim’s knife by hand, and taking the victim’s face once, by taking about about 14 days.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is difficult to believe the victim’s statement and the E/F’s statement corresponding thereto, and the victim’s injury diagnosis report alone cannot be readily concluded to have arisen from the Defendant. Unlike the facts charged, the Defendant inflicted injury on the victim as stated in the facts charged.

It is difficult to see it.

① On June 3, 2016, the Defendant: (a) purchased from the injured party on the day immediately preceding that day at the time when the injured party operated, the upper limit was high; (b) and (c) the injured party saw as a her mother while playing 1 gambling room; and (d) the Defendant’s chest who demanded the company to be her mother while her mother was frighted, she was hicked to her mother with his/her finger, etc., and was damaged by plucking and plucking the Defendant’s hand, thereby causing damage to the Defendant’s finger, etc.

② On June 4, 2016, the Defendant appeared at the Gangnam Police Station, and presented a statement to the effect that he/she would suffer injury from the injury and punished, and submitted the same day’s injury diagnosis.

(3) The Gangnam Police Station G and H slope investigating the Defendant shall visit the victim’s house on June 7, 2016.

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