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(영문) 서울남부지방법원 2014.08.25 2014고정1923
폭행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the defendant belongs to the "E" member of the D church.

On January 1, 2014, at around 23:30, the Defendant: (a) obstructed the members of the church from the stairs in front of the second floor of the Diplomatic Association in Yangcheon-gu Seoul, Seoul, to enter the second floor of the church with the second floor distribution; (b) assaulted the chest of the victim G (the age of 61) who is the opposite radio frequency with both hands.

2. In light of the following circumstances, the aforementioned evidence alone is insufficient to acknowledge the facts charged of the instant case, and there is no other evidence to acknowledge the facts charged, although G’s statement in this legal and investigative agency and the video CD reproduction viewing presented by G as evidence that seems to correspond to the facts charged of the instant case.

① At this Court stated that “A was aware of the fact that a person who reported to himself/herself, was the Defendant, by reporting the video images taken during the case.”

② According to the result of the viewing of the reproduction of video CDs submitted by G, G appears to have shown that the Defendant, who puts the Defendant’s left hand, did not stick to G’s body. However, as the form of the Defendant and G was put to other persons, it is not clearly confirmed that the Defendant’s act was clearly confirmed.

③ Rather, according to the result of the video CD reproduction viewing submitted by the Defendant, G is clearly confirmed in the first half of the year, and then confirmed that G is being sealed with the Defendant at the lower bottom of the Defendant. However, as stated in the facts charged in the instant case, it is not clearly confirmed whether the Defendant sent G’s chest to the lower part of the Defendant, or that the Defendant led G, such as the previous act, was not clearly confirmed. The above video is more clearly identified than the video CD submitted by G, and it is more clearly identified than the video CD submitted by G, and more specific than the video CD submitted by G.

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