Defendant who claimed to have been “stood in the nose” submitted as evidence of court statements, police investigation records, and medical receipts
When the accused and the complainant report 112… Record the video until the police car arrives
“There is no evidence to be accepted among the materials submitted by the complainant”
A man in his 40s who struck his nose was acquitted in the first trial. After the complainant called 112, saying that he was “assaulted,” a video filmed at the scene before a police car arrived served as the basis for the verdict of not guilty.
On the 30th, Judge Lee Kyung-rin, the 22nd independent criminal of the Seoul Central District Court, acquitted A (49), who was charged with assault and injury.
On May 22, 2020, complainant B claimed that Mr. A pushed his shoulder and hit his nose, causing injuries such as shoulder joints and sprains that required treatment for 13 days. At the time of the assault, Mr. B emphasized that “A was injured by assaulting his nose with a mobile phone.”
As evidence of the prosecution in this case, Mr. B’s court statement, records from the investigation agency, and medical receipts were submitted.
After that, when Mr. B called 112, Mr. A took a video of the situation before the police car arrived with his cell phone. At the time of the police investigation, Mr. B made a statement to the effect that his nose was swollen due to assault.
However, according to the video filmed by Mr. A, there were no fracture scars or traces on the nose bone of Mr. B’s face, and there was no scene where Mr. B complained of pain.
In addition, on the day of the incident, the report of Mr. B to the police three times was also the basis for the judgment of innocence. In the three reports, Mr. B only mentioned that “A came into the place where he was” and did not mention the assault damage.
Person B, who was dispatched followingward, told the police officer that the nose was assaulted, but the police officer determined that no signs of assault were found.
The court said, “Mr. B and Mr. A, who were usually close, were in an intense confrontation. Also, there is no direct evidence to admit from the data submitted by Mr. B, so it is difficult to believe Mr. B’s statement as it is.” The court then acquitted him, saying, “It is difficult to conclude that Mr. A contributed to Mr. B’s injury as in the case of the charges.”
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