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(영문) 수원지방법원 성남지원 2019.01.22 2018고정910

폭행

Text

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

Reasons

The facts charged B and the defendant are those who attend the C Centers, and they are known to each other.

On June 4, 2018, around 12:00, the Defendant used violence from the victim B (V, 68 years of age) at the Sungnam-gu C apartment center in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and used violence against the victim on two occasions.

Judgment

On the other hand, there is a statement of the victim, such as the victim's legal statement, etc., as evidence corresponding to the fact that the defendant assaults the victim twice in the course of the victim.

In the following circumstances, the records, which are acknowledged as follows: (a) the victim argued that the defendant was sitting in a shock so that he was found to have worked two times and followed by two shocks; (b) the defendant, who was sitting in the shock but was physically impossible to drive twice the victim who was on the front side of the defendant; (c) the victim's statement on the method of violence or the sponse, etc. is not consistent in this court; (d) the victim's statement on the method of violence or the sponse, etc. is ambiguous in the statement made as a witness and in this court; and (e) the victim's statement on the part of the victim is thought to have suffered a sponse in the right side, according to the injury diagnosis certificate submitted by the victim. At the time of this case, the victim was fighting, such as the victim sponses the defendant with a large interest on the part of the defendant; and (e) the victim's statement is difficult to believe in light of the circumstances where fighting was avoided.

Furthermore, other evidence submitted by the prosecutor alone is insufficient to recognize that the defendant assaulted the victim on two occasions, and there is no other evidence to acknowledge it.

Therefore, the facts charged in the instant case constitute a case where there is no proof of crime, and thus, acquitted under the latter part of Article 325 of the Criminal Procedure Act, and publicly notified the summary of the judgment under Article 58