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(영문) 대전지방법원 2018.01.31 2017노1230
폭행치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the victim and witness stated in the facts charged in conformity with the facts charged, and the CCTV images show that the head of the defendant continuing in the future while pushing the victim's arms is taken, and even before the stairs, the court below found the defendant not guilty despite the fact that the defendant could sufficiently be found guilty of the facts charged in this case, in light of the high probability that the victim's upper part would fall under the category of stairs.

2. Determination:

A. In full view of the following circumstances, the lower court’s judgment held that the statements made by the victims and the witnesses who seem to correspond to the facts charged alone was sealed by the Defendant by hand.

The court rendered a verdict of innocence on the grounds that there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

1) The Defendant got off the victim who intends to go out of the church distribution, and himself is proceeding in the future, and the victim goes beyond his own front, and consistently denies the fact that he does not have any contact with the victim.

2) According to CCTV images installed in the church worship distribution, the victim's appearance is not taken from the stairs, and the victim preventss the front of the defendant who intends to get out of the church distribution, and according to the victim's will, the defendant is still driving in the future without any particular replacement with the victim, and only the victim's back booms and prevents the defendant from continuing to stop.

3) The statements of witnesses who observed the situation at the time are different from each other.

B. In addition to the above circumstances properly discussed by the lower court, the following facts are duly admitted and examined by the lower court.

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