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(영문) 수원지방법원 2018.10.26 2018노514

폭행

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, by hand in front of E, was aware of the victim’s body and did not assault the breath by breathing the breath, thereby leading the Defendant to a mistake in fact; and (b) thereby, convicted the Defendant.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In this Court, the prosecutor tried the victim by pushing the victim's body with the hand before the above E, and sprinking him with sprinkling the body of the victim.

In the front part of “A request for the modification of a bill of amendment to a bill of amendment to the contents that add “the victim’s right part to be sealed twice in front of the above E entrance,” and this Court added the victim’s subject to the adjudication permitted, so the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for another judgment】

1. On March 30, 2017, the summary of the facts charged in the instant case: (a) the Defendant met the victim B (60 years of age) located on the following floor in the off-to-dong apartment apartment E-dong apartment unit, and went into a noise problem between the victim and the floor; (b) was pushed down twice the victim’s right shoulder part before the above E-dong pipe; and (c) the victim was pushed down with the Defendant, and spawd with the victim’s body, spawd with the Defendant’s hand before the above E-dong unit, and spawd with the victim’s body, spawd with the victim’s body, and spawd with the Defendant’s body.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by this court, the Defendant assaulted the victim only by the evidence presented by the prosecutor.

It is insufficient to recognize it.

① According to the two CCTV images on front of the front and the stairs of E, the Defendant is a victim twice.