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(영문) 광주지방법원 2013.04.10 2013고정116
상해
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged in the instant case is that the Defendant, from July 19, 2012 to July 09:40, 09:09:45, at the D office operated by the Defendant in Gwangju North-gu, the victim E (the age of 68) changed the amount of wages and avoided disturbance, and thus, the Defendant, by hand, injured the victim, who was able to kill ebbbbbage of the victim and ebbrating the victim’s face with his hand, caused injury to the victim, such as an ebrine, ebrine, ebry, etc. requiring four weeks of treatment.

In this regard, the defendant asserts that although the defendant was able to boom the balth of the victim's balp, the defendant did not cause any injury to the victim's right eye due to the defendant's act, since he did not see the victim's face with hand.

The purpose of the witness E’s statement is that the defendant took the face of the victim at several times. However, in full view of the following circumstances recognized by the investigation report (in the investigation record 47 pages), etc., the victim’s face at the time of the dispatch of police officers, namely, that there was no objectively apparent time when the victim’s identity was known, and that even if considering that the witness F is a defendant’s employee, it is difficult to believe the above statement of the victim as it is, in fact, difficult to recognize the facts charged, solely on the investigation report (in the investigation record 74 pages) and the notice of general health examination result, there is no other evidence to prove the facts charged.

Thus, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the judgment of innocence is rendered under the latter part of Article 325

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