beta
(영문) 울산지방법원 2019.01.11 2018고정747

폭행

Text

The defendant shall be innocent.

Reasons

1. 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 the left hand.”

2. In full view of the following circumstances revealed by the evidence duly examined and adopted in this court: (a) according to field CCTV images, the Defendant appears to have been aware of the victim’s face by using the hand at the time of the instant case; (b) the testimony of the witness D, E, and F is not believed against the above CCTV images and the front condition; and (c) the testimony of the witness G alone cannot be readily concluded that the Defendant had the intent to commit an assault; (iv) rather, it is difficult to conclude that the Defendant had a physical contact during the process of putting the victim’s smell and preventing smell by hand; and (v) it is difficult to deem that the Defendant had the intent to commit an assault in that process; and (v) it is difficult to conclude that the victim might have suffered excessive reaction with the victim.

Other evidence submitted by a prosecutor alone is insufficient to exclude reasonable doubt and to acknowledge the facts charged in the instant case, and there is no other evidence to acknowledge it.

3. If so, the facts charged in this case constitute a case where there is no proof of crime, and thus, the judgment of innocence is to be rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, but the summary of the judgment is not to be publicly announced pursuant to the proviso of