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(영문) 서울서부지방법원 2014.07.17 2013고정2422
폭행
Text

The defendant shall be innocent.

Reasons

1. On November 3, 2011, the Defendant: (a) at the construction site located in Mapo-gu Seoul Mapo-gu, Seoul; and (b) at the above construction site managed by the Defendant from the Victim F, dump trucks repeatedly entered the nearby building parking lot managed by the Defendant; (c) the Defendant suffered property damage, such as debrising the floor of the parking lot; (d) the Defendant assaulted the Victim by dump with flaps by dumping the victim’s bat.

2. The Defendant consistently denies the victim from the police to the date, time, and place indicated in the above facts charged, but denies that there was no assault by the victim.

Therefore, there is a statement in the criminal complaint prepared by the victim F, F's investigative agency, and this court, as evidence corresponding to the above facts charged.

However, as to the developments of the assault in this case, the statement in the complaint (13,19 pages) prepared by F is different from the statement in the investigation agency (273 pages of investigation records) and in the court, from the defendant, the statement in the investigation agency (273 pages of investigation records) and in the court are not consistent with the defendant, with regard to the place where the defendant was taken to dump, and the F filed a complaint more than one year after the lapse of the time of the case, and there was a hostile relation with the defendant, such as filing a civil suit against the defendant, etc. on the ground of construction damage, and it is difficult to view that the above evidence is probative value to have a conviction as to the facts charged in this case to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge this otherwise.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325

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