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(영문) 대전지방법원 2018.09.07 2017고정1442
폭행
Text

The defendant shall be innocent.

Reasons

공소사실의 요지 피고인은 2017. 6. 초순 01:00 경 세종 특별자치시 B에 있는 'C' 앞 도로에서, 피해자가 욕설을 하였다는 이유로 이에 화가 나, 피해자에게 “ 야, 때려 봐, 때려 봐! ”라고 말하면서 어깨로 피해자를 수회 밀치고, 피해 자가 현장을 떠나려고 하자 손으로 피해자를 잡아당기는 등 피해자를 폭행하였다.

However, direct evidence that corresponds to the facts charged in this case has the victim's accusation statement, the investigation agency and this court's statement, and D's statement in this court.

However, in light of the following circumstances acknowledged through each evidence duly adopted and investigated by this Court, there is sufficient credibility to the statements of the victim and D as above.

In addition, it is difficult to see that the evidence submitted by the prosecutor alone proves that the defendant abused the victim as stated in the facts charged to the extent that there is no reasonable doubt.

It is difficult to see, and there is no other evidence to prove it.

At the time, the video images taken by the Defendant-friendly job offering E are only confirmed to the effect that the Defendant talks with the victim to the effect that “if you look at”, and it is not confirmed that the Defendant was tightly sealed or taken by hand the victim, and rather, people around are harming the victim and harming the Defendant.

The defendant seems to have taken a dynamic image from the victim to E, and in such circumstances, it does not seem that he/she exercised the tangible force against the victim.

In addition, the victim's statement does not correspond to the situation identified in the above video, and the victim made a false statement to the effect that he/she does not have the enemy at the time of the defendant's cream (section 7). The victim was unable to specifically state the defendant's behavior in this court (section 4-6 pages).

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