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(영문) 울산지방법원 2019.05.30 2019노72

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the victim’s detailed and consistent statements, witness E, F, G’s statements, on-site CCTV images, etc., the Defendant may fully recognize the fact that the victim prices the victim’s timber with left hand.

Nevertheless, the court below erred in finding the Defendant not guilty of the remainder of the charges of this case.

2. Around 09:50 on April 9, 2018, the Defendant, as the head of the management office of Yangsan-si, the head of the management office of the apartment complex, requested the victim C (the 52-year old), who is the resident, to allow perusal of the meeting materials of the resident representative, and used the victim as “h. to h. to h. to h. to h. to h. to the victim,” and used the victim as “h. to h. to h. to h. to h. to the left hand.”

3. In full view of the following circumstances acknowledged by the evidence duly adopted and examined: (a) according to field CCTV images, the Defendant appears to have been aware of the victim’s face due to the loss at the time of the instant case; (b) the testimony of the witness D, E, and F may not be believed against the above CCTV images; (c) the testimony of the witness G alone cannot be readily concluded that the Defendant had the intent to commit an assault; (d) rather, it cannot be ruled out that the Defendant had a physical contact during the process of preventing smelling the victim’s smell, and it is difficult to deem that the Defendant had the intent to commit an assault; and (e) there is a possibility that the victim might have responded with the victim rather, it cannot be concluded that the Defendant had prevented the victim from suffering with the intent of assault; and (e) there is no other evidence to acknowledge that the evidence submitted by the prosecutor alone excludes reasonable doubt and there is insufficient evidence to acknowledge the facts charged in the instant case.