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The defendant shall be innocent.
Reasons
1. The Defendant and the victim D (n, 35 years old) are legal persons in a relationship of legal marriage.
On September 6, 2015, the Defendant assaulted the victim by taking back the back head of the victim by hand on the ground that the victim made a statement to the mother of the Defendant at the Defendant’s house located in Ansan-si, 903 506 dong 506 dong 23:18 on September 6, 2015.
As a result, the victims suffered injuries, such as cerebral typ and ductal typ, which require approximately two weeks of medical treatment, due to the outbreak of head in the kimchi air conditioners and the mother of kimchi.
Accordingly, the Defendant inflicted an injury upon the victim by assaulting him.
2. Defendant’s assertion and judgment
A. The Defendant asserts that the victim’s body and the victim suffered the above injury while fighting with one another, and that there was no assault with the victim, such as taking back the victim’s back head in his/her hands and destroying the victim’s body, as shown in the facts charged.
B. In light of the following circumstances, it is difficult for the victim’s legal statement to believe that there was assault, such as the facts charged, etc.
① On May 27, 2015, the victim suffered from the Defendant’s indivation of home with the victim. Around May 27, 2015, the victim filed a request for a trial to commence an adult check from the Defendant, and even during this trial, several family litigation including divorce have been pending between the Defendant and the victim. In the above divorce lawsuit, there is a conflict of interest between the Defendant and the victim in relation to the instant case.
In such a case, the victim not only refused to attend the court after being summoned three times in this trial, but also acquitted the defendant as the victim did not grant admissibility of the victim's statement protocol by exercising the right to refuse to testify, if the defendant acknowledges all of the crimes against the victim after the prosecution and the mistake is divided.