(영문) 서울남부지방법원 2020.07.28 2019고정1042

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.07.28 2019고정1042

폭행

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. On January 18, 2019, the Defendant: (a) around 13:00, at the C parking lot located in the Yamaaeato B in Japan; (b) while boarding the D vehicle, the Defendant, while doing a dispute with the victim E in front of the vehicle door while opening the door of the vehicle and assaulted the victim’s right hand.

B. At around 19:10 on January 26, 2019, the Defendant assaulted “F” restaurant operated by D, which is located in Yamaama, with the victim’s horse dispute, and knife the victim’s knife with knife, knife the victim’s knife, knife the victim’s knife with X-ray, knife the victim’s knife toward the small restaurant, and knife the knife the knife of the knife, knife the knife’s knife.

2. Determination

A. First, we examine the violence committed on January 18, 2019.

In regard to this part of the facts charged, the defendant may be able to face the loss of the victim who was outside the door of the vehicle at the time, but the defendant did not know the fact that he was next to the vehicle in which the victim was the victim, so he asserts that the defendant did not have the intention of assault.

As shown in this part of the facts charged, there is a protocol of police statement about D as evidence, and its content stated that "G showed that "the defendant had expressed a desire to the victim outside of the vehicle and set up a door." However, the above protocol is a protocol in which the specialized statement made in G's statement does not meet the requirements under Article 316 (2) of the Criminal Procedure Act, and it is not admissible as it does not satisfy the requirements. Furthermore, it is difficult to believe that D is a witness in this court, and it reversed the previous statement to the effect that "G was present in this court as a witness, not directly, but was made from the victim, and made a false statement in the police with the knowledge of a false statement later."

In addition, there is no other evidence to acknowledge this part of the facts charged.

(b) Date of January 26, 2019 as follows:

참조조문

-형사소송법 제316조 제2항

유사 판례

-대구지방법원 2014.12.19 2014고단4867

-수원지방법원 안산지원 2019.10.25 2019고합167

-창원지방법원 2020.08.07 2019노2556

-창원지방법원 2020.01.30 2019고정554

-서울남부지방법원 2015.10.30 2015고합94