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(영문) 서울서부지방법원 2015.02.10 2014고정944

폭력행위등처벌에관한법률위반(공동상해)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the married couple and the victim D(34) is the defendant's fraud.

On July 7, 2013, at least 14:30 on July 14, 2013, the Defendant used the victim’s chest to assault F, which is his/her father and the victim’s wife, before the victim’s house E Apartment B 501, Incheon, Incheon, E apartment B 501, which is the house of the victim, and used to assault the victim’s wife and the victim’s wife.

Accordingly, the defendant assaulted the victim jointly with C.

2. Determination

A. The summary of the Defendant’s and the defense counsel’s assertion was as follows. At the time of the instant case, the Defendant started to close the Defendant’s ship with the victim D, and the victim’s chest part was not pushed.

B. In a judgment, criminal facts should be acknowledged based on strict evidence with probative value, which leads to a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be ensured, the determination should be made in the interests of the defendant even if there is a suspicion of guilt against the defendant even though it is doubtful that the defendant is guilty.

(see, e.g., Supreme Court Decisions 2005Do8675, Mar. 9, 2006; 2010Do14487, Apr. 28, 201). In full view of the following circumstances acknowledged by the evidence adopted and examined by this court, it is difficult to view that the Defendant’s satisfeing the victim’s chest by hand was proven to the extent that there is no reasonable doubt as to the Defendant’s satisfeing, and there is no other evidence to acknowledge this.

In addition, even if the defendant committed an act such as threatening the victim to commit such an act.

Even in light of the situation at the time, it is difficult to view it as the exercise of tangible force leading to the degree of assault.

1. The victim stated in the investigative agency that he/she was able to go beyond the upper floor of his/her own three times, but in this court.