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(영문) 서울북부지방법원 2013.07.12 2013고단470
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant shall be innocent.

Reasons

1. The Defendant, around 16:00 on October 15, 2012, while drinking alcohol together with the victim E (the age of 60) at the “D” restaurant located in Dongdaemun-gu Seoul Metropolitan Government on the charge of this case, he saw water and alcohol contained in the residues to the victim’s face and head on the ground that he she ended sexual deafs from the victim.

As a result, when a mutual appraisal has been satisfed by the victim, such as satisfing water into the face of the defendant, the defendant collected satisfy, which is a dangerous thing in the remaining satch, and satfyd the head of the victim once.

In this respect, the defendant carried dangerous objects and carried them for about two weeks to give treatment to the victim.

2. Determination

A. At the time of the instant case, the Defendant heard the victim’s words corresponding to sexual harassment, and spreads any alcoholic beverage in front of the Defendant into the victim’s face. The Defendant also claimed that the victim saw the victim to her face, and that the Defendant was aground with water remaining in front of the Defendant, and that there was no her head when the Defendant’s head was in front of the Defendant.

B. The credibility of the victim’s statement is evidence consistent with the facts charged in the instant case, and there is a diagnosis of the victim’s bodily injury pictures and the victim’s written statement attached to the victim E’s legal and investigative agency. The victim’s statements in this court and investigative agency are not reliable for the following reasons.

At the time, the purport of the statement made by F with the Defendant and the Victim at this Court and in the investigative agency is that G, who was in the same place, was living together with the Defendant, was living together with the Defendant at the time of “the victim immediately next to the victim”, and that G, who was living in the same place, returned the body to make telephone conversations, was living in the same space, was faced with the victim, and the victim was faced with the victim.

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