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The defendant shall be innocent.
Reasons
1. At around 23:00 on April 5, 2013, the Defendant: (a) sustained a victim E (38 years of age) drive away from the road adjacent to a D pharmacy located in Si, Gunsan-si; (b) and (c) caused the victim’s breath to spath by spathing the ebbbb, etc. on the ground that the victim she was able to drive away and she was able to spath off, and spath off the breath of the victim’s spath; and (c) caused the victim’s injury on the part of the victim once for about 3 weeks of medical treatment.
2. Determination
A. As shown in the facts charged, the following evidence and circumstances are as follows.
1) 피고인이 피해자의 고환 부위를 발로 찼다는 취지의 피해자의 경찰에서의 진술(피고인에 대한 제2회 경찰 피의자신문조서 중 피해자의 진술 부분, 피해자의 경찰 진술조서, 고소장, 각 형사소송법 제314조에 의하여 증거능력을 인정하였다
2) After the completion of fighting between the Defendant and the victim, the victim shotly scam on the part of the high fighting unit, and scambling the conditions and injuries between the hospital and the victim
B. The summary of the statement made by the victim 1 victim is that the victim, who had a proposal that the defendant and the F would be more defective, but was rejected, and the defendant was dissatisfed in the drinking place. However, as the defendant neglected this, the victim's statement was in the future of the D pharmacy with G and H, which is a flap, a flap, around the road.
While the victim was like G and H in front of the D pharmacy and the defendant was living together with F before the convenience store, the victim was faced with D and D in the future of the D pharmacy where the victim was a victim of the road, and the victim got to face with each other. The defendant got to face with the defendant. The defendant was able to get the chest of the defendant due to the second hand while the victim was over the victim's accurately and the second hand.
After a high exchange to the defendant, the defendant is suffering from a pain, but the defendant was frightened on each side of the reference, and the body fighting was frighten down and rear down, and the dynamics were closed.