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(영문) 전주지방법원 2018.10.26 2017고정827

폭행

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the driver of the vehicle B, and the victim (the remaining and the age of 37) is the driver of the vehicle C.

On March 29, 2017, the Defendant and the victim came to be each other on the grounds that the Defendant was driving a vehicle in the direction of the former week in the middle station in the Young-gu Jin-gu, Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City on March 29, 2017, while driving the vehicle in the direction of the former week in the middle station in the former city.

The injured party, while taking a bath, such as “Chewing flap gum,” the Defendant dumbling the Defendant’s flap with pule at one time, and the Defendant, against this flap, dumped the victim’s flap with pule, and flaped the victim’s head at three times by putting the flap of the victim’s flap into a flap, and assaulting the victim’s head flap to about five seconds.

2. Although the victim made a statement that corresponds to the above facts charged at an investigative agency and this court, in light of the victim’s attitude of statement and sexual conduct, etc., it is difficult to believe the victim’s statement as it is and there is no other evidence to acknowledge the facts charged.

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after Article 325 of the Criminal Procedure Act.