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(영문) 서울중앙지방법원 2016.05.12 2015고정3477

폭행

Text

The defendant shall be innocent.

Reasons

1. 공소사실의 요지 피고인은 2015. 6. 16. 21:00 경 서울 관악구 C, B01 호 자신의 집 안방에서 처인 피해자 D(47 세, 여 )에게 피고인의 명의로 된 핸드폰 요금이 많이 나왔다는 이유로 시비를 하다가 손에 쥔 핸드폰으로 피해자의 오른쪽 뺨을 약 5회 가량 때리는 폭행을 하였다.

2. Determination

A. As evidence consistent with the facts charged in the instant case, D’s statement in the investigative agency and this court, and the CD reproduction in which the damaged side pictures, recording files are stored, when D’s “when they were distorted, and when they were hh to 112 reported.”

E It is a recording part of E's hyma satisfatcium.

B. However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is difficult to believe that the aforementioned statements of D are not in good faith, and it is insufficient to recognize the fact that the Defendant was the victim by only the photographs of damaged parts alone, and there is no other evidence to acknowledge this otherwise.

① According to the result of the CD reproduction (00:00 to 02:30 quantity) in which the cell phone recording file that the Defendant was used in assessing the victimized person was stored, D at any time in the Defendant’s body that “a sound recorded the situation at the time while being melting the surrounding area and divided conversations with the victim.”

At any time, immediately after the Defendant called “(00:50)”, the Defendant was at his own time.

The sound (01:03) requesting the assistance of the arche and children (E) is recorded.

However, D was satisfied

The external voice, which is usually paid by the person who prices the accumulated group of the above mobile phone before and after the opening point, is not all, but immediately after D's peaceful voice, leading to a normal dialogue with the defendant.