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(영문) 대전지방법원 2014.02.05 2012고정2699
폭행
Text

The defendant shall be innocent.

Reasons

1. On November 5, 2012, the summary of the facts charged in the instant case, around 20:20, the Defendant assaulted the victim at one time in a D restaurant located in Daejeon-gu, Daejeon-gu, where the Defendant’s large sound refers to the Defendant, E, the principal restaurant, thereby holding the Defendant as a restaurant, and the victim F (Nam, 43 years of age) and the Defendant was satise, and the Defendant was satise, and the victim was satise, sate, satfing, and sate, and satfling the Defendant’s satch, and the

2. The Defendant’s defense counsel consistently denies the facts charged by asserting that he did not assault F at the time from the investigative agency to the court.

3. Determination

A. As stated in the facts charged above, the only evidence that the Defendant, as a hand hand, fats the fat and fats the fats with the fats in one hand, is sufficient to believe that the only evidence that the Defendant used the f at the left hand, as well as the statement at F’s police station. However, in light of the following, it is difficult to believe the Defendant’s fats clearly stated that “the Defendant did not have any fact when fats the fats or fats the fats.”

B. The evidence presented by the prosecutor alone is insufficient to acknowledge the facts charged, and there is no other evidence to prove otherwise.

Of the evidence requested by a prosecutor, each investigation report prepared by the Prosecutor in charge of the prosecution (to hear and report the suspect F phone statement, to hear and report the witness H phone statement, and to listen to the witness G statement is hearsay evidence which the prosecutorial police officer, who is an investigative agency, has signed and sealed only the prosecutorial police officer without the F, etc., and cannot be used as evidence other than those provided for in Articles 311 through 316 under Article 310-2 of the Criminal Procedure Act. Since it is evident that each investigation report is not subject to Article 311, 312, 315, and 316 of the Criminal Procedure Act, it is problematic whether Article 314 shall apply only to the documents stating the statement under Article 313, and Article 313 (a) shall apply.

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