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(영문) 대전지방법원 2013.07.17 2012노2462

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below acquitted a witness DNA in an investigative agency, which corresponds to the facts charged in this case, on the ground that it is difficult to prove that the above statement was made under particularly reliable circumstances, in view of the fact that the contents of the statement are specific and detailed and that some of the statements made by other witnesses G are consistent with those of other witnesses G, the court below found him not guilty on the ground that it is difficult to prove that the above statement was made under particularly reliable circumstances. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Judgment on the prosecutor's grounds for appeal

A. Around 15:00 on July 17, 201, the Defendant assaulted the victim C (the age of 68) who was suffering from bad appraisal while he satising satis at the lower-class parking lot under the Yansan-si, Seosan-si, Seosan-si, with his heart as well as at ordinary times when he satising satis, and satising the victim by using the hand floor.

B. The lower court determined that: (a) among the evidence submitted by the prosecutor, the evidence directly supporting the primary facts charged by the prosecutor is only the police’s statement of witness D; (b) the police’s statement of D is conducted four months before D was hospitalized due to alcohol dependence and alcohol character change due to chronic alcohol use; and (c) its contents are inconsistent with the first witness’s statement; and (d) it is hard to view that D’s statement among the requirements of Article 314 of the Criminal Procedure Act was made in a particularly reliable state, and even if other evidence submitted by the prosecutor were combined, it is difficult to view that the primary facts charged were proven without any reasonable doubt.

C. The police officer against D, a direct evidence, corresponding to the primary facts charged in the judgment of this Court.