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(영문) 인천지방법원 2016.11.02 2016고단5428
폭행
Text

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

Reasons

1. Around 05:40 on July 21, 2016, the Defendant, while under the influence of alcohol on the roads of “D” located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, the Defendant used the victim E (the age of 18) to walk a trial cost to one of the victims, without any justifiable reason, and used the victim’s chest who speaks against him/her over a single pushed-up floor.

2. According to the CCTV image analysis at the scene of violence, E and the Defendant, while scaming for a scam for more than five minutes, took the Defendant’s cell phone image from around 05:34:43 to around 05:51, while taking the Defendant’s cell phone image from around 05:34:51 to around 05:06, the Defendant’s arms were turned over.

In light of the degree and degree of power that the Defendant and E, seen in the same image before and after the transition of the body, it can be seen that E rather gets the Defendant’s arms to the lower and lower end. Therefore, it is difficult to readily conclude that the Defendant’s power was used to put the Defendant’s arms to the arms.

In light of these circumstances, E’s statement that seems to correspond to the facts charged is also difficult to believe.

Therefore, the evidence submitted by the prosecutor alone is insufficient to view that the facts charged are proven without any reasonable doubt, and there is no other evidence.

3. The facts charged with the conclusion do not have proof of a crime, and thus, acquitted under the latter part of Article 325 of the Criminal Procedure Act.

In addition, the summary of this decision is announced in accordance with Article 58 (2) of the Criminal Code.

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