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(영문) 부산지방법원 2015.09.03 2015고정1116
상해
Text

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

Reasons

1. Summary of the facts charged

A. On October 16, 2014, around 08:30 on October 16, 2014, the Defendant injured the victim’s shoulder at the dong Cex Co., Ltd., Ltd., which is located on the 63-lane of the Gangseo-gu Busan, Gangseo-gu, Busan, on the grounds of the allocation of the victim’s d and the number of workers on duty, and caused the victim’s shoulder at around two weeks of treatment by hand.

B. The Defendant, at the above time and place, abused the victim’s shoulder in his/her hand on one occasion during the period of punishment for a dispute with the victim for the said reasons.

2. The following circumstances, which can be recognized by the records of judgment, are consistently asserted to the effect that “the Defendant only made a multiple dispute, and did not assault the victim,” i.e., (i) the Defendant consistently argued to the effect that “the Defendant did not do so.” (ii) At the time, E witnessing the above situation has consistently stated to the effect that “the Defendant has d's multiple investments and d's shoulder, but does not have the victim's chest or shoulder to the extent of plucking and plucking,” and (iii) it is difficult to recognize the exercise of physical power to the extent that the Defendant would lose his/her dispute as a assault under the Criminal Act, and even if so, it is difficult to view it as a legitimate act that does not go against the social rules, and (iv) in light of the fact that D's assault and d's statement was sealed not only by the Defendant, but also by the Defendant, it is insufficient to view that the evidence submitted by the prosecutor to the extent that the Defendant had been proven as a temporary and present victim's statement.

3. In conclusion, the primary facts charged and the ancillary facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of not guilty is rendered in accordance with the latter part of Article 325 of the Criminal Procedure Act.

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