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(영문) 대전지방법원 2016.07.21 2016고정53

폭행등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is the owner of the Seo-gu Daejeon District C building.

A. On October 7, 2015, the Defendant: (a) 402 of the above building around 15:00, on the ground that the Defendant was playing slickly in the vicinity of the instant building by the victim D (Woo, 12 years of age) (hereinafter referred to as the “victim”); (b) launched a slick gun, a total bomb in the Republic of Korea, into the victim’s ear and math, respectively.

As a result, the defendant put the victim into the right side of the two weeks to the right side requiring treatment.

B. The Defendant, at the same time and time as set forth in the above A. The Defendant conspiredd the victim E ( South and nine years of age) to have expressed his desire to the Defendant, and committed assault, such as: (a) launching the said Blux gun to the victim; and (b) taking one step toward the victim’s chest and hand, respectively, on the victim’s chest and hand.

2. Determination

A. The defendant and the defense counsel asserted that the defendant had a photograph using a smartphone towards the lower side of the 4th floor of the building, but there is no shumping guns.

B. As to the part of the injury, the evidence that seems to correspond to the facts charged in the instant case lies in the witness D’s legal statement, the police statement about D’s statement, D’s written statement, the scene, and the victim’s photo and diagnosis report.

D From this Court, D was in line with the B B’s B’s B’s B’s B’s B’s shot gun, and the Defendant did not shot gun, and immediately thereafter, the Defendant viewed the Defendant on the C’s rooftop, and the Defendant cited the object only because it was able to do so. It was not a smartphone.

was stated.

D The F. G was the Defendant’s Hashot gun

In other words, the Decision Governing the Settlement

However, such a statement cannot be used as evidence because it does not meet the requirements of Article 316(2) of the Criminal Procedure Act, and any statement by a police officer, such as a report of occurrence of a case (the fifth page of the investigation record), cannot be used as evidence for the foregoing reasons.

If so, the above statement of D alone is that the object cited by the defendant is bombs, and D.