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(영문) 서울남부지방법원 2014.09.24 2014고정1965
폭행
Text

The defendant shall be innocent.

Reasons

1. On January 1, 2014, at around 23:30 on January 1, 2014, the Defendant assaulted the victim F (the age 49) who was opposite to the other party, by blocking the opposite to the church (the side of the church) from the stairs prior to the second floor distribution in Yangcheon-gu Seoul Metropolitan Government, to enter the second floor distribution to the second floor distribution.

2. In order to prove the facts charged in the instant case, the evidence submitted by the prosecutor is the victim's statement that the Defendant confirmed that he/she prices his/her blue with his/her blue with his/her own blue because the blue image (the 8 pages and 34 pages of the investigation record) taken by the Defendant for the left blue.

According to the above video, even though the fact that the defendant was put in a elbow and that there was a victim on the side of the defendant at the above time and at the above place is recognized, the above video was taken in a remote distance from the defendant and the victim, and it is not clearly confirmed that the above video was the price of the victim's elbow due to the defendant's arms.

The statements of the victim's investigative agency and this court do not recognize that the defendant was at the time of the instant case, but reported video images and confirmed that the defendant was at the price.

(In the end, the police knew that he was assaulted, and later stated that the other party was confirmed to have become the victim and the victim was submitted a written complaint. Ultimately, the video and the victim’s statement alone are insufficient to recognize the facts charged of this case, and there is no other evidence to acknowledge it.

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

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