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(영문) 서울중앙지방법원 2017.05.25 2017노230
폭행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that the Defendant reported that the victim G she was wn up with H, and that the Defendant was wn up his arms to speak, and that the Defendant was wn up his chest part as indicated in the facts charged in the instant case.

2. Determination

A. The summary of the facts charged in the instant case, around July 27, 2015, the Defendant, at around 14:00, committed assault against the victim by smelling out of the said office, the Defendant 4th floor of the building located in the E Station No. 11 located in Seocho-gu Seoul, Seocho-gu, Seoul, at the F Office where the Defendant is the representative, at the F Office of the Defendant’s investment of the said company, that the Defendant would compensate the Defendant for damage to the unmanned H on the part of the said company (e.g., the victim G (e., the age No. 77).

B. The lower court found the Defendant guilty of the instant facts charged by taking account of the evidence in its judgment, and rejected the Defendant’s assertion of justifiable acts to the same effect as the gist of the Defendant’s grounds for appeal on the grounds that “It is difficult to deem the Defendant to constitute a justifiable act in light of the motive and circumstance leading up to the Defendant’s frightening out of the office, the form of the act, the degree of the exercise of force, the relationship between the Defendant and G, etc.”

(c)

The Defendant denied the charge that, as indicated in the instant facts charged, G’s chest part of the lower judgment did not depict as a result of the police investigation, the Defendant consistently led G to the H in order to speak that G is wh and consistent from this court to this court.

The core evidence of the facts charged against the defendant is G's statement. G's statement for the following reasons is difficult to believe as it is, and the witness I's statement is also unclear.

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