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(영문) 부산지방법원 2020.05.28 2020고정75
폭행
Text

The defendant shall be innocent.

Reasons

1. On August 31, 2019, the Defendant: (a) on the street in front of the 227 "Yansansan 8 Public Security Center", which was located in the Busan Blue-gu course, around August 23:30, 2019; (b) on the fact that the former Defendant was boarding the victim B (the age of 68) to a taxi operated by the Defendant and was moving to the C apartment, who is a destination; (c) the victim returned to the path and refused to pay the taxi expenses; (d) the Defendant went to the above Public Security Center with the victim; (d) the victim was locked; (e) the victim was able to go back to the Southern Police Station; and (e) the victim was fluened by taking away the victim’s fluor; and (e) the victim’s right mouth was fluened by cutting down the fat; and (e) the victim’s right mouth was b

2. The form of the Defendant and the victim are taken in CCTV images installed in front of the judgment-based 8 Public Security Center. However, the Defendant and the victim are entering the said taxi and the said public security center several times, but it does not seem that the Defendant assaults the victim.

Although there are several blind spots where the defendant stops a taxi and where CCTV images are not taken between the above public security center, if the defendant still divides a fence without any movement until the police vehicle arrives, it seems that there was no disturbance between the defendant and the victim in the above CCTV blind spot.

Above all, it is difficult to believe the victim's statement about the above facts charged because the victim is unable to properly associate with the above date or is memoryd entirely differently from the image taken by CCTV images.

Therefore, the evidence of the submission by the prosecutor alone cannot be recognized as the above facts charged.

3. In conclusion, the above facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered pursuant to the latter part of Article 325

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