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(영문) 광주지방법원 2019.05.21 2019고정42
폭행
Text

The defendant shall be innocent.

Reasons

1. The Defendant and the victim B (the age of 68) in the facts charged are South Korea.

On November 5, 2018, at around 21:45, the Defendant was assaulted by the victim to the effect that “Issn if Isn now come to work,” and that “Isns if Isn't come to work,” and that Isn't come to talk with the victim as a matter of her mother’s nursing, etc.

2. Determination

A. As evidence consistent with the facts charged, the victim's legal statement and the investigative agency's statement, the witness E's legal statement and the investigative agency's statement are made.

However, it is difficult to view that the above statements alone have proved to the extent that there is no reasonable doubt about the facts charged.

B. First of all, it is not easy for the victim to have a part of the breathem from a female under the influence of alcohol, which is fit for a number of times, and vice versa.

Even according to the victim's statement in the court, the defendant tried to blick the victim's legal statement and tried to blick the victim's ground, and it was not the part part of the ship but the part of the ship but the part of the ship.

Although it is difficult to believe the statements of the victim as they are, they are accepted as they are.

하더라도 ‘뺨을 수 회 때리고 발로 배 부위를 찼다’는 공소사실은 폭행의 정도와 부위가 피해자의 진술과 들어맞지 않는다.

C. A witness E was sent back from the first day after the Defendant’s mother was in nursing, and the Defendant was in fluenced from each other, and the victim was an apartment where her mother was living, and this case was caused.

In addition, it is difficult to believe that the statement was contaminated because the witness E received a telephone from the victim before attending the investigative agency, so it is difficult to believe it as it is.

On the other hand, unlike the statement in the veterinary institution, the witness E appears in the court and gives testimony.

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