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(영문) 대구지방법원 영덕지원 2014.05.21 2013고정94
상해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On June 26, 2013, the Defendant: (a) was a person opposing the construction work of the nutrition dam; and (b) on the street in front of the site of the construction work of the Gyeong-gun, Gyeong-gun, Chungcheongnam-gun, G, who supported the nutrition dam (the age of 65) provided that the victim C (the age of 65) resisted the Defendant to prevent the Defendant from entering a water resources construction vehicle with the Defendant’s vehicle, thereby causing injury to the victim, such as cerebrum, which requires approximately two weeks of medical treatment.

2. Defendant’s assertion and judgment

A. The defendant asserts that the defendant's body was inevitably contacted by the victim to the defendant, but the victim did not have any fact at the time.

B. Determination 1) The facts charged in a criminal trial must be proven by the prosecutor, and the judge should find the defendant guilty with probative evidence that leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decisions 2002Do5662, Dec. 24, 2002; 2003Do3455, Sept. 2, 2003). 2) The main evidence corresponding to the facts charged in this case is the victim's police statement against C, the witness D's legal statement, and D's statement, but it is difficult to believe the contents of the above statement as it is, in view of each of the following circumstances that can be acknowledged by the results of examination of evidence, consistent with the facts charged in this court's evidence examination, it is also difficult to believe that C's testimony corresponding to the facts charged in this case between the victim and the dam.

However, it is relatively neutral as a member of a house.

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