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(영문) 서울중앙지방법원 2017.04.18 2017고정707
폭행
Text

The defendant shall be innocent.

Reasons

1. Around 20:55 on December 14, 2016, the Defendant: (a) at the subway station platform of the subway station 7 in Gangnam-gu Seoul Cheongdamdong, Gangnam-gu, Seoul, the Defendant was requested from the victim B (the age of 36), who was seated in the electric seat, to “on the narrow bridge so that the seat is narrow; (b) on the ground that the Defendant respondeded against the victim, the Defendant was fluoring the Defendant’s ebbbbbbbbb, booming the Defendant’s ebbbage, booming the Defendant’s ebbb, and fluened on the platform screen, and assaulted the victim’s ebbial with his hand.

2. The Defendant unilaterally denied the charge of assaulting from the injured party, and instead, denied the charge of assaulting the victim’s bat, such as batling the bat, etc.

According to the results of the CD reproduction and viewing of CCTV screen images recorded on the surface at the time of the instant case, it can be acknowledged that the victim B actively performed the Defendant’s flaps, or carried the Defendant’s flaps, or carried the Defendant’s flaps onto the platform or wall pole, with the victim’s arms or shoulder attached thereto passively in the process of setting up against it, and there is sufficient room to view the Defendant’s act as a passive resistance to escape from the victim’s attack, which constitutes a legitimate act.

Therefore, each entry of the statement in the police interrogation protocol, the police statement in B, and the police investigation report in accordance with the facts charged, are hard to believe in light of the results of the above investigation, and the remaining evidence submitted by the prosecutor is insufficient to recognize the facts charged, and there is no other evidence to acknowledge it.

Thus, since the facts charged constitute a time when there is no proof of crime, it is judged not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act, but the defendant agrees to the public notice of acquittal judgment.

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