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(영문) 대전지방법원 논산지원 2012.10.30 2011고단782
폭행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is as follows: (a) the Defendant, around 15:00 on July 17, 201, at the lower-class parking lot under the C (68 years of age) where the heart grass was badly treated while he was satisfing, at the lower-class parking lot under the C (68 years of age) where the heart grass was satisfying; and (b) the Defendant, on the hand floor of the part of the victim, assaulted the victim, such as satisfing the satch of the victim and satisfing the satch.

2. While the Defendant, at the time of the change of the Defendant’s head, brea the victim’s head was pushed the victim’s head in his/her hands, the charges are denied on the grounds that there was no fact that he/she was blicking with her head, or that he/she was slicking with her head

3. Determination

A. (1) The evidence directly supporting the facts charged of this case among the evidence submitted by the prosecutor is the only police's statement of witness D, and the defendant did not agree to use it as evidence.

Accordingly, the prosecutor requested D as a witness and summoned D as a witness over two times, but D did not comply with D's summons. However, D's statement of the reason for the summons of D's E, stating that D is under hospital treatment from December 22, 2011 due to alcohol disorder (e.g., disability and personality adjustment disorder).

(2) In relation to this, according to the reply of the fact-finding that this court made to a medical corporation Fa-be in charge of treatment D upon the prosecutor’s request, D is being hospitalized due to alcohol dependence and alcohol nature change, and D is in the past to use chronic alcohol, and thus distorted memory may be distorted. However, it is possible to move through, but is highly likely to cause attack and reconcilability, thereby making it difficult to lead a daily life, such as the attendance at court.

(3) On the other hand, the witness G who observed the situation at the time is the first witness investigation conducted on the day of the police investigation.

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