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(영문) 창원지방법원 통영지원 2020.01.06 2019고정253
폭행
Text

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

Reasons

1. On January 30, 2019, from around 17:00 to 18:00, the Defendant committed assault against the victim, such as E-owner F (F, 58 years of age) and flabing the e-mail, and flabing the e-mail of the victim, on the ground that the E-ray F (F, 58 years of age) where the Defendant was at the C-C-C-C-C-B’s joint market located in Tong-si B, through which he did not rapidly turn on the e-mail.

2. In light of the victim’s legal statement (the victim is not the defendant), the witness G’s legal statement (the person who appears to be the “H owner,” who is not the defendant), the background leading up to the recognition of the case, and the investigative agency merely conducted the investigation under the premise that the “H owner” is the perpetrator, but did not conduct the investigation by obtaining confirmation from the perpetrator and the Defendant on the same person, etc., the evidence submitted by the prosecutor alone cannot be readily concluded that the victim is the defendant as stated in the facts charged.

Thus, the facts charged constitute a case where there is no proof of a crime, and thus, the court acquitted the defendant under the latter part of Article 325 of the Criminal Procedure Act, and publicly announced the summary of this judgment pursuant to Article 58

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