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(영문) 청주지방법원 충주지원 2016.09.28 2016고정58
폭행
Text

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

Reasons

1. The summary of the facts charged is that the Defendant is the victim C(41)’s private village and has a claim of KRW 2.5 million against the victim.

On February 1, 2015, the Defendant used telephone conversations with the Defendant’s mother, and assaulted twice the victim’s left knife with the victim’s hand floor with the conditions of telephone conversations with the Defendant on February 1, 2015.

2. However, since the Defendant only denied the facts charged that he/she did not assault C, such as the above facts charged, from the investigation stage to the investigation stage, and that he/she did not do so, the Defendant stated the following as evidence: (a) the witness C and F’s legal statement; (b) the prosecutor’s office and police interrogation protocol against the Defendant; and (c) each of the C’s statements and investigation report (including submission of emergency center medical records and hearing of witness F’s statement).

In that sense, each of the above evidence is the content of C’s statement or that C transferred the facts charged from C. Thus, the issue of this case is whether C’s statement is credibility or not.

The records are as follows. ① At the time of the instant case, there was a dispute over the repayment of KRW 2.5 million borrowed by C as stated in the facts charged, and thus, it is difficult for C to unilaterally trust the statement of C unfavorable to the Defendant on the 3th page of the record of the examination of the witness C, the 26,27th page of the investigation record, ② G and H immediately after the instant case did not hear the statement of C, such as the Defendant’s assault by C from C, while the 32,52,52, 53th page of the investigation record, and the 2:3:00th page of the two hours and 30 minutes after the instant case, around February 1, 2015, at the time of the instant case, C had the said statement from C, and on the 3rd page of the record of the examination of the witness, C used the assault from the Defendant, thereby causing C to have the hospital.

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