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(영문) 의정부지방법원 2014.10.22 2013고합534

중상해

Text

The defendant shall be innocent.

Reasons

1. On May 9, 2013, the Defendant: (a) placed in the front of the autopsy distance, which was parked in the front of the autopsy distance, on May 23:20, 2013, in Franna vehicle owned by E (hereinafter “instant vehicle”); (b) without any justifiable reason from the victim G while under the influence of alcohol (the age of 54) the Defendant was unable to drive the victim’s neck in the instant vehicle that was parked in the front of the Guri-si, Siri-si, Siri-si on May 10, 2013; and (c) caused a serious injury to the victim’s personal name by leaving the victim’s face at the bar, and making it difficult for the victim to walk the victim’s face at the front of the Guri-si, Siri-si on May 10, 2013.

2. The assertion and judgment

A. On May 9, 2013, the Defendant’s defense counsel did not look at the victim around 23:20.

On May 10, 2013, at around 00:30 on May 10, 2013, the Defendant was flicking the victim’s her head with his left hand at least three to four times, while there is no causal link between the victim’s loss of vision of the right eye and the Defendant’s assault.

B. Determination 1) In a criminal trial, criminal facts must be found based on strict evidence with probative value that leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or uncomfortable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense is inconsistent or unfortunate, etc. (see, e.g., Supreme Court Decision 2002Do4994, Jan. 24, 2003).