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(영문) 서울서부지방법원 2013.11.27 2013고정841
상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant leased the first floor of a building owned by the victim C (Nam, 63 years old) and operates a restaurant with his wife.

On August 7, 2012, at around 11:30, the Defendant, within the E cafeteria located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul, sold the victim's head to drink because of a sudden dispute with the victim who is the owner of the building.

As a result, the Defendant inflicted injury on the victim, such as brain injury requiring treatment for about two weeks.

2. The Defendant asserts to the effect that, as consistent from the investigative agency to the present court, he did not inflict any injury upon C at the time of the instant case.

Therefore, in light of the following circumstances, it is difficult to believe that the investigation agency of C, the legal statement (including the complaint) and the statement and the statement in F, which seem to correspond thereto, are hard to believe in light of the following circumstances as shown in the records of this case, the remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged, and there is no other evidence to acknowledge it.

① Each of the above statements by C and F are inconsistent with the statements of this case concerning whether the defendant enters a restaurant or when the defendant enters a restaurant enters the restaurant, whether the defendant's head entering the restaurant enters the restaurant, whether C's head at the time of the defendant's head, whether C gets the defendant's bridge, or whether C gets the defendant's head at the time of the occurrence of the defendant's bridge, or whether C gets the defendant's head at the time of the case's situation.

② immediately after the instant case, the Defendant’s report of assault was sent by the police station of Seodaemun-gu Seoul Police Station, and at the time, C was asked by H several times as to whether the Defendant was victimized by the assault.

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