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(영문) 서울중앙지방법원 2018.07.12 2018고정593
폭행
Text

The defendant shall be innocent.

Reasons

1. On August 4, 2017, at the conference room for the representative of the apartment building B in Jung-gu Seoul, Jung-gu, Seoul, the Defendant used the back of the victim C’s scamet on several occasions to tear the scamet.

2. Determination C was present in this Court as a witness and the defendant did not have any physical contact by taking his arms, etc., but the latter part of the scamet was cut in a number of times.

was stated.

Accordingly, according to the following circumstances as shown in the records, namely, investigation report (related to oral hearing by police officers at the scene of dispatch on August 4, 2017), the police officer called to the site at the time appears to have been unable to be seen to teared, and C, on September 18, 2017, was investigated on the date and time stated in the facts charged, and on the suspicion of assaulting the Defendant at the site, and on September 18, 2017, submitted a written complaint against the Defendant that he assaulted himself, and the clothes were damaged in the process. C, on October 19, 2017, submitted two photographs with teared, claiming that the clothes were damaged, and submitted two photographs with teared. A witness D could not be deemed to have been exposed at the site of dispute between the Defendant and C at the time, but could not be deemed to have been physically contacted with C, and he did not specifically respond to the Defendant’s physical contact with D in any way, such as assaulting the Defendant and the victim.

In light of the fact that the statements made with C and D conflict with each other, each of the above statements made with C and D is difficult to believe, and there is no other evidence to support the facts charged of this case.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the latter part of Article 325 of the Criminal Procedure Act is followed.

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