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(영문) 서울중앙지방법원 2017.02.02 2015고정3707
폭행
Text

The defendant shall be innocent.

Reasons

1. On August 28, 2015, at around 18:00, the Defendant committed assault against the victim E (44 years, women) and brokerage commission within D real estate located in Jongno-gu Seoul Metropolitan Government, by setting up against the hand floor of the victim, such as bucking with bucks, against which the victim’s chest was pushed, and assaulted by the victim, such as cutting off the victim’s breast at a canter.

2. Determination 1) At the time, F and G appeared as a witness in this Court, and the Defendant and the victim appeared at the real estate office, and the victim first appeared at the time of fighting the horse at the real estate office, and the Defendant took the victim’s seat, and the Defendant did not have any other action to see the victim as an assault, and made a statement consistent with the Defendant’s consistent statement from the investigation stage.

2) On the other hand, the victim had the wheels to have the face of the motor vehicle taken by the defendant as well as the motor vehicle.

argument is asserted.

However, at the time of the case, the victim suffered the wound.

In light of the aforementioned witness’s testimony, etc., it is difficult to believe that the police officer, who taken the damaged part of the appeal, prepared an investigation report to the effect that it is impossible for the police officer to verify the damaged part, and that there is a chief of a considerable part of the statement in the victim’s court and investigative agency.

3) Meanwhile, although the witness F made a statement to the effect that the Defendant and the victim assaulted each other in the course of investigation, or that the Defendant was sealed by the victim, this is contrary to the contents of the statement in court, and thus it cannot be believed as it is. Rather, according to the above witness’s statement in the court’s statement, it appears that the Defendant and the victim made a horse fighting, or the Defendant took her buck with her buck, etc., so expressed the behavior so that they

4) Therefore, the evidence submitted by the prosecutor alone reveals that the Defendant was pushed down the victim’s chest as stated in the facts charged.

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