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(영문) 의정부지방법원 고양지원 2016.07.22 2016고정351
폭행
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the driver of the vehicle C and the victim D is the driver of the vehicle E, and the Defendant and the victim were the driver of the vehicle E, and the victim became the parking problem in the parking lot for the first exhibition hall of the Kinkin Tex No. 408, Goyang-si, Seoyang-gu, Goyang-si.

On February 27, 2015, from around 12:30 on the same day to around 12:35 on the same day, the Defendant: (a) took into consideration the following issues: (b) the victim was parked in front of the driver’s seat of the Defendant and the Defendant was parked in a parking zone for disabled persons; (c) the Defendant used the vehicle by opening the door of the Defendant’s driver’s seat to the victim so that it was chched, and assaulted by shocking the victim’s bridge and the part on the part of the victim’s bridge.

2. However, the Defendant consistently complained that there is no difference between the investigative agency and the victim’s contact with the vehicle from this court to this court.

The direct evidence corresponding to the facts charged in the instant case is the victim's investigative agency and the statement in this court to the effect that "The defendant, who was seated in the driver's seat attached to the vehicle due to the parking problem of the defendant at the time, opened the door of the vehicle and sold the left side of the bridge and the parts of the body above the driver's seat."

In light of such consistent statements with the victim, it is difficult to eliminate the possibility that the defendant had contact with the victim's body parts at the time of opening the door of the driver's seat car.

However, as to whether there was a criminal intent of assault against the defendant, the above statements made by the victim are also considered to have intentionally assaulted the defendant in light of the situation before and after the time. The following circumstances acknowledged by the record, namely, it is difficult to eliminate the possibility that the defendant was in contact with the victim who was close to the door of the victim without any specific intent of assault between the victim and the victim.

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