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(영문) 서울남부지방법원 2016.10.25 2016고정953
폭행
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a staff member of D Co., Ltd., who is a C parking and facility management company.

On August 19, 2015, the Defendant: (a) around 09:50 on August 19, 2015, the Defendant: (b) directed a passenger to a taxi in front of the taxi platform No. 4 of Gangseo-gu Seoul Metropolitan Government, which was going on the street; (c) taken a video image on a mobile phone by the victim E (Nam and 59 years old) who is the Incheon taxi driver; (d) taken the dynamic image on a mobile phone; and (e) assaulted the victim’s right hand over a mobile phone that he was able to take on the left hand.

2. The Defendant asserts that, while E took photographs of the Defendant on a mobile phone, there are multiple facts to restrain the Defendant from taking them, the Defendant does not have any son or mother-child losses.

The burden of proving the facts charged in a criminal trial is the prosecutor, and the conviction shall be based on the probative evidence with the probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, so long as there is no reasonable doubt, even if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

As shown in the facts charged in this case, there are statements made by the victim E in court and investigative agencies, and video CDs of the victim's submission. In this court, E made a statement that the defendant left the victim's hand, which is taken by the defendant's hand with the mother and child, but in the complaint, the defendant was able to take the victim's hand by drinking (in the investigation record 3 pages), and in the investigation agency, it is not consistent with the statement because the defendant stated that the defendant was the victim's hand by drinking when he was investigated by the investigation agency (in the investigation record 6 pages), and E made a statement that the police officer dispatched to the scene of this case by the victim's 112 report at the scene of this case so that the defendant could not rush the victim's hand.

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