(영문) 대구지방법원 2013.08.14 2012고정4599

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(영문) 대구지방법원 2013.08.14 2012고정4599

폭행

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The defendant shall be innocent.

Reasons

1. On November 20, 2012, the Defendant: (a) around 15:05, at the D Company parking lot located in Daegu Dong-gu, Daegu-gu, the victim E (the age of 61) who was a taxi engineer of that taxi was set up on his previous vehicle, expressed a defective bath to return the dynasium; (b) 4-5 times the victim’s left chest part by drinking flabing flab, and assaulting the victim’s left part by drinking flab.

2. The victim was at the investigative agency when "the defendant was able to live in the driver's seat and 4 to 5 times with only one hand, and the left chest part of the chest part was 4 to 5 times, and the victim went beyond the floor." The defendant made a statement to the court (in the investigation record 12 pages) and the defendant was able to live in the body of the victim while taking a bath for the plaintiff in the taxi. "....." The victim was at the time when the victim was able to live in the cab and pushed down and fall off, and "........" was 5 times when the victim tried to break in the body part while leaving the body part, and the victim was pushed back and pusheded, ".........." the defendant's testimony was not consistent with the statements of the victim".

In addition, the witness F, who observed the scene at the time, testified that there is no reason to view the defendant's flabing or drinking flabing the victim's flab, and even according to the CCTV image taken at the time, there is no room for the defendant to look at the victim's flabing and drinking 4-5 times the chest part.

Therefore, it is difficult to believe the victim's statement that seems consistent with the facts charged in the instant case as it is, and the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged in the instant case, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

참조조문

-형사소송법 제325조

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