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(영문) 서울남부지방법원 2019.09.03 2018고단5118
폭행
Text

The defendant shall be innocent.

Reasons

1. On September 15, 2018, at around 20:15, the Defendant assaulted the victim by taking the victim’s face at one time on the floor of hand on the ground that the victim B (the age of 68) tolded him/her, while making a trial expenses to the police officers and police officers going before the police box of Yeongdeungpo-ro 102-ro, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

2. The Defendant asserts that the victim’s face with the hand alone is not true, and that the victim’s face is not true.

In relation to the facts charged in this case, there are the police interrogation protocol against the defendant, written statements by the victim, photographs taken by the victim, and testimony by the witness C. The above evidence is inadmissible for the following reasons, or it is insufficient to recognize the facts charged.

The protocol of interrogation of the police against the accused cannot be used as evidence by the content side of the accused.

The written statement of the victim was not consented by the defendant to use it as evidence, and the victim did not recognize the authenticity in the court.

Although the summons of the witness against the victim was not served and the location of the victim was confirmed to be unknown as a result of the detection of the location, the above written statement cannot be used as evidence, since the testimony of the witness C alone is insufficient to prove that the preparation of the above written statement was made under particularly reliable circumstances as stipulated in Article 314 of the Criminal Procedure Act, in light of the fact that the victim was made by shotra to be able to use this writing, the investigation was not conducted against the victim in addition to the preparation of the written statement, and the investigation was not conducted between the defendant and the victim.

(For the same reason, the decision to adopt evidence shall be revoked by this judgment). Among the witness C's statements, the part that the injured party entered the damaged fact related to the assault from the victim is a full-time statement with the content of another person's statement made by a person who is not the defendant and not the defendant.

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