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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. The summary of the facts charged in the instant case is a person who was living together with the victim C (V, 34 years old) as a daily employee.
On April 29, 2016, the Defendant, on the ground that the injured party had not found his clothes in the Defendant’s dwelling area located in Daejeon Seo-gu, Daejeon, on April 12:30, 2016, suffered bodily injury, such as salt, tension, etc., in need of approximately two weeks of treatment, by taking the head of the injured party’s head, and making it possible for the injured party to take back the back water.
2. The Defendant asserts to the effect that, although he/she claimed otherwise with C, he/she did not assault C as stated in the above facts charged.
As shown in the above facts charged, there is a letter of warning against C and a certificate of injury to C.
Article 314 of the Criminal Procedure Act recognizes the admissibility of evidence of a statement or a statement made by a witness when the whereabouts of the witness is unknown. The Criminal Procedure Act recognizes exceptions to the basic principles, such as direct psychological principle, by recognizing exceptions again, allowing the admissibility of evidence without any opportunity to cross-examine against the original person, etc., by allowing the witness to be admitted only when strict requirements are met, such as guaranteeing the cross-examination right of the accused or his/her defense counsel with respect to the written evidence, including the statement made by the witness, under Article 312 or 313 of the Criminal Procedure Act. In such a case, “proof of whether the statement or statement made under a particularly reliable condition” of the witness is insufficient to the extent that it is likely to do so, and there is room for reasonable deliberation (see, e.g., Supreme Court Decision 2012Do725, Apr. 30, 2014). According to the foregoing legal doctrine, it may be ruled out that the statement made by the witness was made under reasonable credibility of the above facts charged.
It is hard to see as evidence.