2015 Highly 1355 Injury (the altered name of the crime)

A

Definites (public prosecutor acting on behalf of others, indictments), and full-time constitutions (public trial).

Attorney B (Korean National Assembly)

January 20, 2016

The defendant shall be innocent.

1. Facts charged (Revised facts charged);

The defendant and the victim C are people working at the same clothing sales store.

At around 07:00 on December 25, 2015, the injured party intentionally inflicted an injury on the Defendant, i.e., 'brupt salt' that requires approximately two weeks of medical treatment when he/she takes the head of the Defendant's head and faces, on the ground that the Defendant intentionally neglected, bullying, and was wrong in his/her duties in front of the D Building in Jung-gu Seoul Metropolitan Government.

While the Defendant was in a state with the victim at the above date and at the above place, the Defendant committed assault against the victim by gathering the victim’s head by hand.

2. Determination

The Defendant consistently denies the victim’s infinite assault by the victim C, and consistently denies that he/she did not actively assault the victim beyond the said resistance.

As evidence consistent with the facts charged in this case, there are statements made by the victim's investigative agency and CCTV video data (including a CD for the improvement of quality).

먼저 검찰이 제출한 증거 중 피해자의 진술에 관하여 살펴본다. 피해자는 수사기관에서는 피고인과 처음에는 서로 머리채를 잡고 몸싸움을 하였다고 진술하다가, 법정에서는 피고인이 피해자의 머리채를 잡거나 피해자의 몸을 밀치는 행위를 한 기억은 없고 다만 피고인이 자신의 머리채를 잡은 피해자의 손을 떼어놓으려고 했으며 피해자가 피고인을 조금 더 힘 있게 잡기는 했다고 진술하였다. 그리고 피해자가 수사기관에서도 구체적으로 피고인이 피해자를 밀치는 폭행을 하였다고 진술하지는 않았다. 피고인이 2014. 12. 30. 피해자를 상해죄로 고소하자, 피해자도 경찰 피의자신문 다음 날인 2015. 1. 7. 피고인을 폭행 또는 상해(손등을 할큄)로 고소한 것이다.

Next, the CCTV video data (including a CD for the improvement of quality) will be examined. On the first half of the video, the victim left behind by the victim and left behind by the victim, and the defendant left behind by the victim, which alone cannot be readily concluded that the victim committed an act of assaulting the victim beyond a dispute. Subsequent to the short end, the victim continued to keep the defendant's head at the bottom of the defendant's head and in his arms towards the bottom of the defendant's head, and the head when the head was taken by hand. After the victim's assault, the victim's head was considerably omitted and the head was observed on the part of the defendant's head.

Ultimately, the evidence presented by the prosecution alone is insufficient to recognize the facts charged of assaulting the victim, and there is no other evidence to acknowledge it.

3. Conclusion

Thus, since the changed facts charged in this case constitute a case where there is no proof of crime, the defendant shall be acquitted under the latter part of Article 325 of the Criminal Procedure Act, but the defendant cannot obtain the consent of the defendant due to his/her absence on the sentencing date, the public announcement of the verdict of innocence pursuant to the proviso of Article 58

Judge Lee Lee Dong-hoon