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(영문) 수원지방법원 2014.05.23 2014노664
폭행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is erroneous in the judgment below that found the defendant guilty of the facts charged in this case, although the defendant did not assault the victim at all, which affected the conclusion of the judgment.

2. Determination

A. The Defendant stated in the facts charged of the instant case that, as a personal taxi engineer, the victim D (the age of 44, female) was on board and was in the E secondary school, the destination of which was the E secondary school, the Defendant came to go to the F Public Security Center for the handling of the instant case and reported to the G District, at that place.

On November 20, 2012, around 07:50, the Defendant, at the F Public Security Center parking lot in Seongbuk-gu, Sungnam-si, Sungnam-si, brought the victim's buck away from the car to the car, who did not get off and get off from the taxi, and the victim tried to attach the vehicle number to the mobile phone, and assaulted twice the victim's right-hand buckbucks.

B. The lower court determined as follows: (a) based on the evidence as indicated in its holding, determined that the Defendant had proved that the victim dump bucks bucks were fumped and fumbucks

C. In addition to the testimony of the witness M of the party inquiry witness in the evidence admitted by the court below, the following facts or circumstances may be recognized.

D relatively consistent on the fact that buckbucks are taken off, but the parts and frequency of bucks are not consistent.

[A police officer (I) dispatched after receiving a report on November 20, 2012 from November 20, 2012 on the day of the case.

(2) On August 14, 2013, the police prepared a written statement stating that “the bucks inside the upper bucks” and “the bucks inside the upper bucks are cut off.” On December 8, 2012, “the bucks inside the upper bucks are provided at least twice, the bucks inside the bridge are provided, and the bucks are provided, and the bucks are provided.” On January 13, 2013, the police “the buckbbucks are provided at the two bucks inside the bucks and kne, and there are no gap between the bucks and bucks.”

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