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(영문) 수원지방법원 2020.10.15 2020노3845
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal assaulted the victim C’s body body part once as indicated in the facts charged.

Nevertheless, the court below did not recognize the credibility of the statement made by C and found the Defendant not guilty of the facts charged in this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is between husband and wife, and the Defendant is the owner of the house located in Gyeyang-gun D.

B and C leased the above house from the Defendant and became a director on July 17, 2019 when the lease contract was terminated.

On July 18, 2019, at around 13:38, the Defendant assaulted C’s body part by selling C on the ground that C’s entry into the said house was prevented, while engaging in a dispute over the return of B, C, and deposit money before the entrance of the said house.

B. The lower court, first, found the Defendant not guilty on the grounds that the statements made by C and B alone cannot be recognized on the grounds that, as evidence consistent with the facts charged in the instant case, there was a statement made by C in the investigative agency and the statements made by B in the investigative agency and in the investigation agency are transferred from C, and that they are not directly witnessed, and thus, their independent value of evidence is weak.

(1) There is no consistency in C’s statement about how the Defendant assaults C.

C The investigative agency made a statement to the effect that “the Defendant was at the center of the right side by fasting the inner part of the Defendant’s hand and suffered damage beyond the ground floor” (each police interrogation protocol dated July 31, 2019 and August 16, 2019). However, the investigative agency stated that the Defendant was at all unable to memory in the court (the police interrogation protocol of July 31, 2019).

(A witness C’s legal statement). The use of violence from any arbitra son is a unique character in which he or she is unable to undergo a lot of violence from human life.

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