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(영문) 서울중앙지방법원 2015.08.28 2013고단2481
폭행치상
Text

The defendant shall be innocent.

Reasons

1. On December 1, 2012, the Defendant: (a) around 22:50 on the street in front of the Seoul Jung-gu Seoul Central District 122, the Defendant: (b) caused a vision between the victim D (the age of 59) demanding the victim D (the age of 59) who was going to stop his/her business taxi and voluntarily withdraw his/her rest while leaving the Seoul District 122 located; (c) and the victim D (the age of 59) who was taking the face into the said taxi and taking a bath to take the face into drinking one time; and (d) immediately launched the said taxi that was parked and stopped, and (d) caused the victim, who was placed with the door of the said taxi, to go beyond the floor, to suffer approximately 12 weeks off the right side of the taxi that requires the victim to take medical treatment.

2. The defendant and his defense counsel's assertion that they did not see the victim once a week, and the victim was only departed from the place where the victim was far away, and the victim was only driving away from the defendant's taxi, and the victim did not suffer an injury because he did not go beyond that of the defendant's taxi.

3. As evidence consistent with the facts charged, there are statements in investigative agencies of victims D and in this court, testimony in prosecutor's office and in this court witness E, and medical certificates for victims.

However, in light of the following circumstances, only the above evidence alone cannot be readily concluded that the defendant intentionally assaulted and injured the victim.

(1) The Defendant consistently states the following until an investigative agency reaches this Court.

① On December 1, 2012, around 12:50, the Defendant set up a taxi in the vicinity of the clock tower in Seoul Station and took rest.

The victim expressed his desire to leave the vehicle in this context to the defendant, and assault the defendant by getting the defendant into the taxi.

② The Defendant reported to 112, and the Defendant expressed his intent that the victim was assaulted by the police officer, and that the victim did not want to be punished.

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