(영문) 춘천지방법원 2017.10.12 2017고정192

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2017.10.12 2017고정192

폭행

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On February 3, 2017, the Defendant assaulted the Defendant by putting down the clothes of the victim in the course of preventing the Defendant’s wife E and the Victim F (V, 52 years old) from the Defendant’s office in Chuncheon-C around February 14:30, 2017.

2. The fact that the Defendant, at the time and place specified in the facts charged, is found to be sleeped of the victim F’s clothes.

However, according to the facts charged in the instant case itself, the Defendant was shaking the victim’s clothes with the intent to refrain from disputing his wife and the victim, and this constitutes a very insignificant tangible event, unless there are special circumstances.

For this reason, the victim F was in line with the Defendant’s wife E from this Court, and the Defendant was in line with the latter.

The witness G also stated in this Court that “the Defendant entered the house” was flabing the fat of the fake victim.

“Statement to the purport that the statement is “,” but it is difficult to believe in light of the following: (i) the consistency and rationality of the content of the statement itself falls, and there is an excessive difference in the circumstances indicated in the facts charged; (ii) the victim F and G have undergone considerable conflicts due to the issue of support and property of the elderly as a relationship between E and E; and (iii) the likelihood that the victim F and G have made a statement in exaggeration of damage cannot be ruled out.

On the other hand, as part of the victim and E, the victim and E were on the second floor of the same time as the date stated in the facts charged.

H “I have suffered from diving at an investigative agency.”

Since dirmath, “the victim was sounded.”

H has made a statement to the third party at an objective location, and H has credibility in its statement.

It is judged that the contents of the statement are consistent with the defendant's assertion that the victim's clothes were taken in order to fighting.

In light of the circumstances that led to the exercise of tangible power and the purpose and means thereof, the defendant's act is committed.

유사 판례

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