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(영문) 서울동부지방법원 2019.07.18 2019노269
폭행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of legal principles as to facts charged.

2. The Defendant is a person who acts as an acting engineer.

On June 18, 2017, at around 10:00 on June 18, 2017, the victim C (ma, 76-years) and demonstration participants attended and participated in the assemblies related to B-house projects and were in processions along with the moving line.

On August 10, 2017, around 10:40 on August 18, 2016, the victim was in the presence of the Estore of Songpa-gu Seoul building.

The Defendant committed an assault, without any reason, against the victim participating on the rooftop of the Defendant’s residence (Seoul Songpa-gu D) without any reason, on the part of the Defendant, who was divingd in the house after completing a new wall proxy work (the demonstration is presumed to be unable to be locked due to the said assembly demonstration, and to be locked out), such as throwing garbage on the victim’s head from the victim’s head to the chest, sweet, sweet, bridge, sweet, handout, kick, etc.

3. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is insufficient to view that the fact that the Defendant, like the instant case, was in the management of garbage to the victim was proven without any reasonable doubt.

At the time of the instant case, the Defendant denied the facts charged while he was divingd at his own house.

Direct evidence which can prove that the defendant has taken a garbage, such as the facts charged, was not submitted.

As a result of the analysis of garbage suitable for the victim's clothes, it was confirmed to be excreta.

However, according to the statement of the witness AH of the court below, the defendant, a veterinarian, he is not easy to gather the excreta of the upper gate for a considerable period of time if the body weight is more than 25 to 45g, and if the excreta occurred in this case, it is not easy to gather the excreta separately, and the defendant makes such efforts.

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