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(영문) 창원지방법원 2016.08.31 2016고정507
폭행
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. On October 8, 2015, the Defendant, at around 10:18, abused the victim’s face by spiting the problem of the storage fees in E office operated by the victim D (51 tax) located in Kimhae-si, and assaulting the victim by spiting the victim’s face once.

2. The Defendant and his defense counsel’s assertion in the course of a dispute with the victim, but did not spit the victim intentionally.

3. In light of the following circumstances, it is difficult to believe that the victim’s statement, such as the witness F’s legal statement, voluntary accompanying report, internal investigation report (as to the attachment of CCTV images), internal investigation report (as to the confirmation of the video recording ofCCTV images), etc., consistent with the facts charged in the instant case, such as the witness D’s legal statement and the police interrogation report on D, which correspond to the facts charged in the instant case, are difficult to believe, and the remainder of the evidence submitted by the prosecution alone is proven

It is insufficient to view.

A. On October 15, 2015, the victim was spite by the police that “the Defendant spits or spits the Defendant’s spits around his own entrance, thereby making the Defendant’s spite into the fat, and pushed the Defendant’s b

“The statement was made to the effect that it was “,” and the statement was made to the same effect in this court.

However, the witness F, who is a police officer dispatched to the site immediately after the occurrence of the instant case, "at the time of dispatch to the site, the victim was faced by the defendant in the course of conversation with the defendant."

2. The term “assumed.”

“A person suspected of having been accused (victim)” in the voluntary accompanying report prepared by F at the time, and “A person suspected of having been pushed out and pushed out of the victim (defendant) due to the victim’s talking with him and her, protruding away, and having been pushed out.

In light of the fact that the statement is written, there is consistency in the statement of the victim.

It is difficult to see it.

B. The CCTV in which the situation at the time of the instant case was recorded does not appear spit the victim's spit, but merely spits the victim's face after spiting the victim's face.

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