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(영문) 서울남부지방법원 2014.10.23 2014고정2301
폭행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the defendant is the believers of the Egymnasium in Yangcheon-gu Seoul Metropolitan Government Egymnasium, and the victim F (the age of 56) is the Non-Subrogation of the above church.

On January 5, 2014, at around 14:00, the Defendant assaulted the victim's neck while both sides were boomed due to physical collision.

2. According to the reasoning of the judgment, the witness F’s legal statement, and the video CD reproduction viewing submitted by F, it is acknowledged that the Defendant committed an act to catch F’s timber as shown in the facts charged. However, according to the results of the Defendant’s viewing of video CD reproduction submitted by the Defendant, it appears that the Defendant, who was towed by F’s non-Subrogation members, was exposed to F’s above act by selling in order not to attract the Defendant, and it is difficult to view that there was an intentional assault against F, unlike the Defendant.

Therefore, since the facts charged in this case constitute a case where there is no proof of crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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