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(영문) 의정부지방법원 고양지원 2013.04.11 2012고정1179
상해등
Text

The defendant shall be innocent.

Reasons

1. Around December 25, 2011, the summary of the facts charged: (a) the Defendant went into a “D singing practice room” located on the 3th floor of the building C in Pakistan, and (b) the Defendant’s wife, made the Defendant’s daily activities and trial expenses; (c) the Defendant asserted the Defendant’s face of the Victim G ( South, 33 years old) three times, and assaulted the Victim H (Nam, 36 years old) three times at the victim’s face.

2. Determination

A. Each statement in G investigative agencies and courts, which is admitted as evidence as to the part that the defendant assaulted three times of his face of G in drinking, should be accompanied.

However, in light of the following circumstances acknowledged by the record, the above G’s statement is difficult to believe it as it is, and the evidence submitted by the Prosecutor alone is insufficient to recognize the facts charged of assault against the above G.

1) G stated in the police that he had the face taken by the Defendant first from the Defendant in response thereto, and reversed his statement that he had taken the face of the Defendant first after the prosecutor’s tabry investigation. (ii) G’s daily activities together at the site were not deemed to have taken the face of G when the Defendant taken the face.

In particular, H stated that G was aware that G was at the time when the defendant was the defendant, but it was not deemed that the defendant did not assault G.

B. Next, as evidence of the part where the Defendant assaulted the H’s face three times by drinking, there is each statement at H’s investigative agency and court, and at H’s court, each statement at H’s investigative agency and court, and F’s court to the effect that “after the end of one time period, the time limit is terminated, and the H, F, G, and I met with the elevator, while H going to go again by the Defendant due to the Defendant’s desire and became two to three times of drinking face from the Defendant.”

However, each of the above statements made by H and F is difficult to believe it as it is in light of the developments leading up to the assault that he stated, the circumstances immediately after the assault, and the following circumstances acknowledged by the record.

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