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(영문) 의정부지방법원 2013.08.09 2012노2297

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although it is reasonable to see that the defendant committed assault against E as stated in the facts charged in the instant case by fighting with E, the judgment of the court below that acquitted the defendant is erroneous in the misapprehension of facts.

2. On May 2, 201, at around 22:48, the Defendant: (a) committed a dispute with the victim E at the D main points in Goyang-gu, Goyang-gu C; (b) tried to batize the bat from the victim; and (c) assaulted the victim’s batf.

3. The court below held that the defendant's assertion that he did not have any physical contact with E at the time since the police was consistent to the court of the court below since the police, and that there was no physical contact with E at the time, the witness F reversed the statement made by the police in the court of the court below, and the defendant stated that he did not have any physical fighting with E, and the police reported it to the police, and the defendant caused the investigation of this case, it cannot be ruled out that there is a possibility that the defendant's assertion that he did not have any physical contact with E at the time cannot be a fact. Thus, the court below found the defendant not guilty of the facts charged in this case by only the police interrogation protocol of E, the police protocol of the police against F, the statement statement of the police against F, and the damaged photograph of E cannot be found.

A thorough examination of the evidence of this case in light of the records, the court below's decision that the defendant was not guilty of the above facts charged on the ground that it is difficult to see that the defendant had fighting with E as shown in the facts charged of this case on the basis of the above evidence judgment and the macroscopic circumstances is just and acceptable, and considering the above circumstances acknowledged by the court below in light of the witness E's statement in this case, E's statement is hard to believe it as it is because there is no credibility.