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(영문) 서울북부지방법원 2016.08.12 2015고정377
폭행
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged and the defendant's assertion

A. Around November 19, 2014, around 06:55 on November 19, 2014, the Defendant used the victim’s body in a second floor disaster prevention room under the Dongdaemun-gu Seoul Metropolitan Government Building C, which became a key to the victim D and its key, and used the victim’s body as a vision to replace the victim D and its key.

B. At the time of the instant case, the Defendant’s assertion was merely tightly pushed off D in order to send D et al., which intruded without permission, to the Defendant’s business place without permission, and there was no fact that D et al. as indicated in the facts charged.

D itself is beyond the scope of D.

2. Determination

A. As evidence that seems to correspond to the facts charged in the instant case, there are the following statements made by D and Handphone images.

(1) At the police station, D was trying to change the key of the key to the disaster prevention room by leaving the 2nd floor disaster prevention room of the C building as stated in the facts charged due to the company’s work. However, the Defendant expressed his desire to enter the room and sound and was able to change the key to the disaster prevention room.

‘Libiba'

“I,” and “I, Doz., Doz.,

“Along with the probability of being close.”

피고인에게 다가가 팔짱을 끼고 시비를 하거나, 과장을 하며 뒤로 넘어진 사실은 없다.

A statement was made to the effect that the Defendant did not have any desire or intimidation, or intended to induce the Defendant to commit assault.

(2) All of the Handphone images are deemed to have taken three pages and to have taken the main pages of the video taken. Among them, the photographs of the head of the two pages are used by the Defendant to catch the enormous body which the Defendant gets in two hands, and the remaining body is not clear, but the Defendant seems to go in his hand.

B. However, in light of the following facts and circumstances acknowledged by the evidence of this case, it is difficult to believe that D’s above statement is not reliable.

(1) D is a new building of C as stated in the facts charged.

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