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(영문) 서울중앙지방법원 2020.08.21 2019노3999

폭행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor, such as the statement of the victim, etc., the judgment of the court below which acquitted the defendant of the facts of assaulting the victim as stated in the facts charged, is erroneous in the misconception of facts.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant has a dispute with the victim D (the age of 48) who turns against himself/herself at the entrance of the C Bus Parking Lot located in Yongsan-gu Seoul, Yongsan-gu, Seoul, between July 24, 2018 and 12:00.

As a drinking, assaulted the victim's left arms once.

B. The lower court acquitted the Defendant on the ground that it is difficult to believe the victim’s statement as it is, and the evidence submitted by the prosecutor alone is insufficient to deem that the facts charged are true.

3. The judgment of the court below is acknowledged as follows based on the evidence duly adopted and examined by the court below, i.e., ① the victim consistently states from the defendant to the court of the court below that he was faced with the victim's left part by interesting in the date and time as stated in the facts charged from the investigation agency to the court of the court below, ② the recording file in which the defendant and the victim's oral dispute are recorded at the time and place stated in the facts charged also conforms to the victim's statement. ③ The victim informed the defendant of the crime by immediately communicating the victim with the head of the Ban who is the superior of the defendant and the victim at the site immediately after the victim was abused by the defendant. ④ On the other hand, the victim appeared as a witness at the court of the court of the court below, and the victim stated that it refers to the victim's assault against the leader at the scene of the case, " how the defendant tried to assault."