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(영문) 서울중앙지방법원 2021.01.14 2020고단5429
폭행등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. A. Around 12:00 on April 30, 2020, the Defendant was able to the victim C ( South and 22 years of age) at the front of the Jongno-gu Seoul building B, Jongno-gu Seoul, but the charges were changed from the second trial date on the right shoulder of the victim on the ground that the victim did not answer.

Accordingly, the defendant assaulted the victim.

B. The Defendant expressed the victim’s desire to be subject to governance, in a large sense, as the victim was heard at the same time, and at the same place as paragraph 1.

Accordingly, the defendant openly insultingd the victim.

2. The Defendant’s assertion that there was no assault against the victim, and only the victim blicks with the shoulder while the victim blicks.

In addition, even though one "shall be punished for governance," there is no desire to "Creh".

3. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence investigated by this Court with respect to the assault, the facts charged of the assault were proven without reasonable doubt.

shall not be deemed to exist.

① At the time when physical contact between the Defendant and the victim arose, the Defendant was faced with, and the victim was faced with.

According to the video of this case, although the defendant was placed over the braille block of one foot yellow, the defendant and the victim's right side part of each upper part was close to each other, it appears that the victim's left side part of each upper part was followed or almost close to each other. In addition, in light of the victim's direction, it is highly likely that physical contact may occur even if the defendant does not leave part of body.

② According to video images, the body of the Defendant seems to have shown that the body of the Defendant seems to move toward the direction of the victim’s dynamic line.

In this regard, the defendant asserts that the victim intentionally affixed his shoulder to himself, and the victim himself.

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