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(영문) 인천지방법원 부천지원 2018.10.26 2018고정446
상해
Text

The defendant shall be innocent.

Reasons

1. Around February 3, 2018, the Defendant, at the construction site of an apartment building B in Bupyeongcheon-si, 08:40 on February 3, 2018, committed an assault with the victim C (64) and doing his/her behavior as he/she saw, with the victim as he/she saw, and she committed an assault with the breath and breath, thereby causing injury to the victim, such as the batum and the batum fat, requiring treatment for about two weeks.

2. The victim C’s statement to the purport corresponding to the facts charged in the instant case is not trustable in light of the victim’s legal court and investigative agency’s circumstances leading up to the victim’s loss, the details and method of the Defendant’s injury, the circumstances leading up to the victim’s injury, the time and time relationship, the difference between the Defendant and the victim’s respective statements in the investigative agency, the statement to the witness witness DNA’s investigative agency and the attitude of the Defendant and the victim’s legal statement.

Rather, according to the statement, etc. by the Defendant and D, while the Defendant and the victim were in conflict with each other, they appear to have been committed in excess of the process of harming the victim’s scambling and scambling that the victim scambling with the Defendant and scambling around the Defendant, etc., and cannot be deemed to have suffered an injury by harming the victim.

In addition, it is not sufficient to recognize the victim's injury diagnosis report alone, and there is no other evidence to acknowledge the facts charged.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the judgment of not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act is rendered as per Disposition.

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