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(영문) 서울남부지방법원 2018.04.26 2017고정1785

특수폭행등

Text

Of the facts charged in the instant case, the charge of assaulting is acquitted. Of the facts charged in the instant case, the prosecution is instituted.

Reasons

1. The Defendant: (a) around June 24, 2017, at around 23:40, at the “E main store” in the Defendant’s operation of Guro-gu Seoul Metropolitan Government Guro-gu, the credit card was reconstructed twice from the victim F (47 years old).

In order to be able to get a port, an empty beer, which is a dangerous object on the table of the table, was frightened to the victim, and the victim was laid on the floor by cutting the inside of the victim, and destroyed the victim's left part.

The defendant, carrying dangerous articles, assaults the victim, and damaged the victim's awareness.

2. Determination:

A. The non-guilty portion - According to the date and time indicated in the facts charged, and the fact that the spawn spawn worn by the damaged person at the place was destroyed by a distance from the floor.

However, there is a statement of F with regard to the fact that a child was on the floor by cutting the inside of the victim's string, and as such, it is hard to believe that F is not consistent with the content of the statement made at the earth station and the police station, and that F is not consistent with the content of the statement made at the earth station and the police station, and it is difficult to believe that it is not consistent.

The evidence submitted by the prosecutor alone is that the defendant had a saved light on the floor by reducing the saves worn by the victim.

There is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.

Therefore, since the damage of property among the facts charged in the instant case constitutes a case where there is no proof of crime, the Defendant is acquitted by the latter part of Article 325 of the Criminal Procedure Act, but the summary of the judgment of innocence is not publicly announced pursuant to the proviso of Article 58(2) of the Criminal Act.

B. The part of acquittal and dismissal of reasons - Special Violence and Violence No. 1) committed assault with dangerous objects, first of all, the Defendant’s statement is F as follows: (a) health care for the fact that he/she committed an offense against the victim due to an empty beer’s disease; and (b) as such, he/she is the primary evidence.