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(영문) 수원지방법원 성남지원 2018.09.13 2018고정531
폭행
Text

The defendant shall be innocent.

Reasons

1. On November 16, 2017, around 15:32, 2017, the Defendant assaulted the Defendant’s left side part of the Defendant, who was faced with the shoulder, on one occasion, during the dispute, due to divorce between the Defendant’s female and the son’s children in Seoul Special Metropolitan City, Nowon-gu ( South, 73 years old)’s operation E.

2. Determination

A. Criminal facts should be proven by a judge to have high probability beyond reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt against the defendant, it should be determined as the interests of the defendant.

B. The main evidence of the facts charged in this case is the witness D, F's each legal statement, the police statement about D's police statement, and the complaint of D's accusation. Therefore, the main evidence in this case is first examined.

1) First, in this Court, F testified as a witness, “The defendant was judged to display his bank, but the victim was not in line with the bank, and the victim was not in line with the bank.

Inasmuch as the Defendant stated to the effect that “the Defendant had committed an act of assaulting one’s own voice, and was not about to do so,” it is difficult to immediately recognize the Defendant’s assault solely based on the content of the above witness’s statement.

Even if the Criminal Act refers to any unlawful attack, such as the exercise of force against a person's body, it cannot be readily concluded that the Defendant exercised force as an attack against a victim or committed an attack with the intent of the assault even if the assault was not actually committed.

2) We examine D’s statements by the victim.

D) The police stated to the effect that “the Defendant was faced with the victim’s face, facing the left arms, and the Defendant was deprived of the center by looking at the body of the victim.”

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