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(영문) 수원지방법원 2017.02.02 2016고정2340
폭행치상
Text

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

Reasons

1. The Defendant in the facts charged is the primary subcontractor D representative of C integrative plant, and the victim E is the head of the policy department of C integrative plant as the head of the policy department.

On April 29, 2015, the Defendant: (a) around 06:00, at the G-range Intersection of Yongsan-gu Seoul Metropolitan Government, and between the C Cooperation President and the members of the trade union to which the victim belongs, the Defendant sustained the injury of the victim by cutting the victim’s left shoulder on the part of his/her part and breaking the victim’s left part with his/her arms attached to it, which goes fast down in the future by the demonstration stand; and (b) caused the victim to suffer the injury of the victim by cutting down the shoulder of the victim’s left part and the net heat on the treatment for the number of days.

2. According to the evidence submitted by the judgment prosecutor, it is recognized that the Defendant’s right shouldered on the upper part of the victim’s left shoulder and attached the victim’s arms, while the Defendant was fighting between the C Cooperative president, at the date and place indicated in the facts charged, and between the Plaintiff’s members of the trade union to which the victim belongs, at the same time and place.

그러나 검사가 제출한 증거만으로는 피고인이 폭행의 고의를 가지고 위와 같은 행위를 하여 피해자로 하여금 시위대에 의해 앞으로 밀려 넘어져 왼쪽 어깨 부위가 꺽어 지게 하였다고

The recognition is insufficient, and there is no other evidence to prove it.

Therefore, since the facts charged in this case, which is premised on Defendant’s assault, constitute a case where there is no proof of the crime, the defendant is acquitted by the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is publicly announced under Article 58 of the Criminal Act.

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