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(영문) 대구지방법원 2016.08.11 2015노3856
폭행
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, while taking the victim’s desire, shall not be able to get out near the victim.

At the same time, he did not commit violence by cutting the part of the victim's neck.

2. The Defendant and the victim C (48 tax) of the instant facts charged are taxi drivers.

On March 15, 2015, around 01:50, the Defendant assaulted the victim’s part of his hand when the victim took part of his son’s neck with the defect of the bath theory, i.e., “g., g., g., g., g., g., g., g., g., g., e., g., e., g., e., g

3. The lower court found the Defendant’s assaulting the part of the victim at once by taking account of the following evidence.

4. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the defendant alleged that he was profined by the investigative agency to the trial court, but the defendant did not have any friendly relation with the victim; according to the witness F's testimony at the court of the court below, according to the witness F's testimony, the defendant stated that he was profined by the victim, and that he did not have any friendly relation with the victim, thereby supporting the defendant's above profin's testimony; ② the defendant's statement of the victim that the victim was abused with the victim's illegal profining part of the cab, and ② the victim's statement that the victim was assaulted by the victim's illegal profining situation with the victim was partially distorted. In light of the relation between the defendant and the victim at the time of this case and the victim, various circumstances, the relation and various circumstances of the victim's statement that corresponds to the facts charged in this case can not be ruled out.

It is difficult to conclude otherwise.

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