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(영문) 부산지방법원 서부지원 2020.05.28 2019고정243
상해
Text

The defendant shall be innocent.

Reasons

1. 공소사실의 요지 피고인은 2017. 2. 9. 13:30경 이천시 B에 있는 시댁에서 피고인의 남편인 C에게 차용증을 받기 위해 온 친언니 피해자 D(여, 74세)를 보고 “니가 어디라고 여기 왔느냐, C이랑 또 붙어먹으려고 여기 왔느냐”라면서 양손으로 피해자의 머리채를 잡아당겨 피해자를 방바닥에 넘어뜨린 후 발로 몸을 밟고 주먹으로 몸을 때려 피해자에게 약 2주간의 치료를 요하는 요추부 염좌상을 가하였다.

2. Determination

A. The gist of the assertion was that the Defendant did not inflict an injury on the victim.

B. The evidence, which corresponds to the facts charged in the instant case, includes the statement of the victim and witness and the witness, but in light of the following circumstances, the above evidence is difficult to believe as it is or the above evidence alone is insufficient to deem that the fact that the Defendant inflicted an injury on the victim was proven without reasonable doubt, and there is no other evidence to acknowledge it otherwise.

① While the victim was injured by around 10 months after the occurrence of the case, around December, 2017, when about 10 months after the case occurred, the victim filed a complaint after considerable time without any particular reason.

In addition, when the victim makes a statement at the investigative agency on January 4, 2018, the victim stated that "the defendant took the body as a whole after putting the victim's head debt by hand, putting the victim's head debt over the ground floor, putting the whole body back." However, when the defendant makes a statement at the investigative agency on July 20, 2018, which was about six months after 2018, again, he made a statement at the investigative agency on July 20, 2018, when the defendant took her head debt in the state of her head debt, she took her hand out with her hand, and her back to the back, and she took the body with her hand and her step out in the toilet." It is not consistent with the statement, and more time is passed.

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