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(영문) 서울서부지방법원 2015.01.22 2014노987
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence of the court below, such as the victim's statement in the summary of the grounds for appeal, etc., the court below erred by misapprehending the legal principles on the defendant's innocence, although the defendant could sufficiently recognize the defendant's assault and assault by drinking b

2. On November 3, 2011, the summary of the facts charged: (a) the Defendant was at the construction site located in Mapo-gu Seoul Mapo-gu, Seoul; and (b) the dump truck’s entrance from the victim F to the above construction site managed by the Defendant repeatedly entered the adjacent building parking lot managed by the Defendant; and (c) the Defendant was dump truck’s dump truck’s structural damage, such as shouldering the concrete floor of the parking lot; and (d) the Defendant dump dump b

3. While the Defendant consistently met the victim at the time and place indicated in the above facts charged by consistently setting up the police from the police to the trial court, the Defendant’s assertion that there was no assault or assault by the victim.

As evidence consistent with the above facts charged, there is a letter of complaint prepared by the victim FF, F's investigative agency and court below's legal statement, H's legal statement and confirmation document (Evidence No. 439 pages).

However, the statement of the court below witness F in the court below is not consistent with the statement of the crime place; F in the case, a complaint was filed after one year or more from the time of the case; F in a hostile relationship with the defendant, such as filing a civil suit against the defendant, etc. on the ground of construction damage; and in light of the witness G's statement of the court below that conforms to the defendant's argument, it is difficult to believe it as it is in accord

On the other hand, the witness H stated in the court that at the time he did not memory the Defendant’s fatation of fat at the time, and that on June 4, 2013, the Defendant stated that the F’s fatation of fat was written as it is, however, the time when the said written confirmation was prepared.

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