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(영문) 서울동부지방법원 2017.02.07 2016고정334
상해
Text

The defendant shall be innocent.

Reasons

1. On August 4, 2015, at around 19:00, the Defendant reported to the Defendant that he/she is conducting an illegal procedure in the beauty room operated by the Defendant, while taking up KRW 3 million from the front side of the “D” located in Gwangjin-gu Seoul Special Metropolitan City, around June 2015, the Defendant took out KRW 3 million to the Defendant, but did not repay, etc., at the same time, he/she was under conflict with the Defendant due to his/her obligation relationship.

“The victim’s head and clothes of the victim were fluored by hand, and fluoring the victim’s head and clothes, was fluored by drinking, and fluoring the victim’s bucks that go beyond the floor, thereby causing injury to the victim in need of approximately two weeks’s treatment.

2. The Defendant asserts that, in order to not issue a loan certificate from an investigative agency to this court, the Defendant did not inflict bodily injury upon E, such as the entry in the facts charged, despite the fact that he/she was seated by attaching E.

However, there is a police investigation report stating the E's statement in this court and investigation agency as evidence consistent with the facts charged of this case, and the E and de facto related F's statement in the E and de facto related person's statement. However, in light of the fact that one male and two female persons were working in the scene of this case at approximately five meters away from the scene of this case, and there is a small voice, and that one male and one female person had a large voice in the surrounding area of the defendant, and they were engaged in an act to stop or stop them, and that the defendant did not have an assault against E, each of the above E and F statements is difficult to believe it as they are, and only with the diagnosis of injury, it is insufficient to recognize that the defendant suffered an injury as shown in the facts charged of this case, to the extent that it is out of a reasonable doubt that the defendant suffered an injury as shown in the facts charged of this case

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

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