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(영문) 의정부지방법원 고양지원 2013.05.03 2012고정677
폭행
Text

The defendant shall be innocent.

Reasons

1. On December 16, 201, the Defendant: (a) committed assault on the part of the Defendant, who borrowed money from the first floor of the department store underground to the victim C on December 14:20, 201; (b) paid off the victim’s her body one time; and (c) paid off his/her body.

2. We examine the judgment, and since the police interrogation protocol against the defendant among the evidence submitted by the prosecutor denies its contents, it cannot be used as evidence. C's police statements are difficult to believe it in light of witness D's legal statement, and other documents submitted by the prosecutor alone are insufficient to recognize the facts charged in the instant case.

Rather, in light of the witness D’s legal statement, at the time, the defendant was not her boomed with C’s head debt, etc., and C only sprinked and sponsed the defendant in order to avoid this, and there is a possibility that C only sprinked and resisted the defendant to avoid this.

If so, it constitutes a case where there is no proof of criminal facts and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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