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(영문) 서울중앙지방법원 2013.04.05 2012고정4607
상해
Text

The defendant shall be innocent.

Reasons

1. On June 20, 2012, the Defendant: (a) around 10:00 on June 20, 2012, at the mid-gu Seoul Special Metropolitan City, inflicted injury on the victim’s face and the damaged part of the victim’s face and the damaged part of the case, including the 5-day river mouth, which requires approximately four weeks of treatment on the part of the victim.

2. However, as evidence as shown in the facts charged in this case, D’s investigative agencies and their respective statements, injury diagnosis reports, and assault signs against D in this court. Accordingly, it is recognized that D suffered a flag, which is flaged by flaging the right-hand body and face, requiring treatment for about four weeks at the time of this case.

However, the following circumstances acknowledged by the record, namely, ① the Defendant, consistently met with D’s face at the investigation stage to this court, and the Defendant stated to the effect that D was not at the time of investigation, ② D’s face at an investigative agency was 2 through 3 times of drinking, and again, obstructed D’s face by drinking, and the Defendant was at the time of drinking, but D’s act was committed against the Defendant (see, e.g., 6 pages of the investigation record). However, D’s act of assaulting the Defendant, and it was difficult to accept the Defendant’s statement in light of the circumstances leading up to such statement (see, e.g., the six pages of the investigation record), ③ it was first met with D’s face at the investigative agency, and it was difficult for the Defendant to have made a statement to the extent that it was difficult for the Defendant to obtain it from the court (see, e.g., Investigation record, No. 6, and No. 9).

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