폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the victim C is unable to attend the court and make statements, and the written statement prepared on the date of the occurrence of the instant case and the written statement prepared by the police after three days thereafter, and the witness is present at the police and under investigation by the witness, and there is sufficient circumstance to ensure the credibility and arbitability of the statement in light of the fact that “the Defendant was in the position of the Defendant to board the vehicle” and consistently stated, and thus, evidence is recognized in accordance with Article 314 of the Criminal Procedure Act, and it is recognized that the Defendant used to assault the victim by the Defendant’s statement by his
Nevertheless, the judgment of the court below which acquitted the facts charged of this case is erroneous and erroneous.
2. Determination
A. On September 7, 2018, the Defendant, around 18:40 on September 7, 2018, assaulted the victim C (the age of 89) who tried to board B rocketing vehicles at a parking lot located in the Guro 173 Doro-Ma, Madon-ro, 173-gil, Madon-ro, Madon Seoul Metropolitan Hospital, and Madon-ro, Madon-ro.
B. The lower court rendered a judgment that acquitted the Defendant on the grounds that the C’s statement and statement cannot be admitted as evidence due to lack of admissibility, and the remainder of the evidence submitted by the prosecutor alone is insufficient to recognize the instant facts charged, based on the circumstances indicated in its reasoning.
C. Circumstances acknowledged by the evidence duly adopted and examined at the court below and the court below's judgment, and ① A witness of this case appeared as a witness in the court of the first instance and stopped at the entrance of the parking lot by cutting off the vehicle parked behind the parking lot, and the victim asked the vehicle to find the victim from the defect who intends to board the vehicle by opening the door of the vehicle so that the victim cannot shut down the door (the witness D's statement specifically on the process of assault) and ② The statement of D's statement on the continuous defendant's act is CCTV.