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(영문) 대구지방법원 김천지원 2018.05.31 2017고단1711
폭행
Text

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

Reasons

1. On August 18, 2017, the Defendant: (a) committed assault on the victim E (34) who was requested by the Defendant’s agent on the street in front of the D cafeteria located in the Gu-U.S.A. Si around 23:40 on August 18, 2017; (b) and (c) the victim who was able to cancel the substitute driver’s license and who was able to return to him/her on one occasion, on one-time basis.

2. The CCTV images, the situation of which was taken at the time of determination, have a face-to-face breaking the mobile phone, and E, at the same time, has fallen from the Defendant and has lowered the mobile phone due to the shock;

A statement is made that corresponds to the facts charged, such as statements.

However, according to the circumstances at the time, the Defendant’s testimony was made differently from the E’s statement that “A witness F did not assault the Defendant’s left side by drinking at one time” consistently in the investigative agency and the court.

CCTV images do not have a face of assaulting the victim as stated in the facts charged.

Therefore, the facts charged in this case are proven beyond reasonable doubt.

It is difficult to see it.

3. As the instant facts charged constitute a case where there is no proof of crime, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is publicly announced pursuant to Article 58 of the Criminal Act.

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