(영문) 대전지방법원 천안지원 2014.01.16 2013고정922

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(영문) 대전지방법원 천안지원 2014.01.16 2013고정922

폭행

Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. Around June 20, 2013, the Defendant assaulted the Defendant’s house located in Western-gu C and 201 Dong 901 on June 18, 2013, such as her head, her head, and her body was cut off by her hand while she was in a conflict with the Defendant’s house located in Seoan-gu, Seoan-gu and 201 Dong 901.

2. The defendant's assertion and judgment

A. The Defendant asserted that the wife victim was assaulted by the Defendant to point in favorable status in the divorce lawsuit against the Defendant and denied the instant facts charged, while the victim made a statement consistent with the facts charged to the purport that “the date and time indicated in the foregoing facts charged and the place where the above facts charged were caught by the Defendant, i.e., sing the victim’s head and singing the victim’s body.”

However, the victim also stated in this court that “the defendant was at the time of the victim’s head even at ordinary times, and the body of the body of the body of the body is not revealed even if he was at the hospital,” and the victim’s above statement is too vague but it is doubtful that the credibility of the entire statement of the victim is rather doubtful.

Furthermore, the witness E, which was adopted by this court ex officio (the defendant and the victim's children), states in this court that "at least three times before the defendant observed the victim and reported to the police three times. At the time and time (the operation of the defendant or the victim) recorded in the above facts charged, the defendant testified that "at the time and time (the operation of the defendant or the victim) the defendant reported to the police about the victim." According to the facts charged, the witness testimony of the above witness is difficult to believe that the place where the crime of this case occurred is "the location of the defendant's residence" rather than "the operation of the defendant.

B. The prosecutor bears the burden of proving the facts charged in a criminal trial, and the finding of guilt is a judge.

유사 판례

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