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(영문) 서울북부지방법원 2016.04.28 2015고정2385
폭행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is around March 12:00 to April 12:00, the Defendant demanded the victim D (V, 56 years old) who is the first floor lessee who has a display place in front of the lower-class window in Dongdaemun-gu Seoul Metropolitan Government, to set the display place at the front of the lower-class window of the lower-class shop.

Accordingly, the defendant, who is faced with the victim's face near the face of the defendant, was threatened with the victim's face.

2. As evidence that seems to correspond to the facts charged in the instant case, the Defendant’s statement to the effect that “as a result of a show room at around March and April 2014, there is a civilian defense room at the seat of D” and ② there is a statement at D’s investigative agency and court.

In light of the following circumstances, D’s statement cannot be used as evidence of the facts charged because it does not coincide with the date and time of the crime and the details and methods of the Defendant’s assault, etc., and such statement by the Defendant as above cannot be used as evidence of guilt due to lack of supporting evidence for confession, and there is no other evidence to find the Defendant guilty of the facts charged in this case.

① Around May 2014, D stated that the date and time of the instant crime from an investigative agency to this court was around 2014 (referred to as “the time and time of the instant crime” in this court) ② D stated that: (a) the denial of the Defendant came to fall under the time of the destruction of his/her own dictatories; (b) the Defendant’s face was 1 to 2 times with his/her hand-site; and (c) the display site was not claimed by the Defendant.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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