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(영문) 서울중앙지방법원 2016.08.10 2015고정4401
폭행
Text

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

Reasons

1. The Defendant is engaged in the distribution business, is driving a CW car in the name of his father, and D is a person driving the EW car in his name as a company member.

On September 4, 2015, around 23:00, the Defendant: (a) driven the said vehicle from Samsungdong-dong Samsung X-gu Seoul Metropolitan Government, and moved to a sampling; (b) proceeded with each other to threaten the victim D, who was directly moving to a sampling; (c) stopped on the road at the close of the eco X-ray; and (d) assaulted the victim’s chest by driving the said vehicle on the road.

2. In light of the records, it is difficult to recognize that the defendant committed an assault against the victim only by the witness D when considering the following circumstances, and there is no other evidence to acknowledge that the defendant committed an assault against the victim at the time and place recorded in the facts charged.

1. D sees that he/she was smugglinged by this Court and then the defendant was pushed down.

The part stated that it was around 23:06:50 as the time recorded in the black image, and that the defendant was sealed by the defendant in addition to the above time even if all the black images submitted as evidence were taken.

There is no part that can be seen.

② As above, the Defendant was smugglinged.

The only part that can be designated as a seal is that it was recorded in a black 23:06:50 square, and it is difficult to view that it constitutes a crime of assault under the Criminal Act, because it was merely an attack against D that covers the Defendant’s chest and neck by hand.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence shall be rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment shall be publicly announced pursuant to Article 58(2) of the Criminal Act. It is so decided as per Disposition.

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