(영문) 의정부지방법원 2018.09.06 2018고정608



The defendant shall be innocent.


1. On October 201, 2018, the Defendant assaulted the victim’s left head only once on the ground that the victim, while drinking together with the victim D(49 years of age) who is a fluorous fluor C in the Government of Gyeonggi-si, 2018, was aware of the victim’s complaint against his father’s fluor’s fluorial problem, etc.

2. According to the evidence duly adopted and examined by this court, it is recognized that the Defendant and the victim were in dispute with drinking alcohol within C at the time of the instant case; the victim’s left face and the victim’s ear was in blood transfusion and reported to 112 by C. A. At the time of the dispatch by the police officer, the fact that the Defendant and the victim got out of the neck.

In doing so, the victim stated in this court that "the defendant was about to go beyond the floor while trying to go to her under the influence of alcohol at the time of this case, and the defendant was about to go beyond the floor of the main body, which led to the fall of the main body, and the head of the shoulder is about the face of the main body, and there is no defendant's price due to the main body, and the defendant's statement on the preparation of the police against the victim cannot be admitted as admissibility of evidence because the victim's formal and substantial authenticity in this court does not recognize all its formal and substantial authenticity formation in this court)" in this court, C business E also stated that "the defendant was unable to regard the victim as the price of the main body."

On the other hand, the witness E's statements in this legal statement that "other customers who were in the police station at the time were the victim due to the defendant's illness."

Article 316(2) of the Criminal Procedure Act provides that “The original statement was made by a person other than the defendant at the trial date and contains the statement of a person other than the defendant.” Thus, the original statement is dead, disease, residence in a foreign country, unknown whereabouts, and other matters.