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(영문) 수원지방법원 2017.02.02 2016고정2557

상해

Text

The defendant shall be innocent.

Reasons

1. On April 7, 2016, at around 02:00, the Defendant: (a) reported the victim E (38 taxes, south) who was found to be a customer at the “D’s drinking entertainment shop in Suwon-gu, Suwon-si; and (b) reported the Defendant’s abdomination to F, who was the Defendant’s imprisonment, by hand, carried the victim’s abundance; and (c) caused the victim’s face by spathing breath with breath’s hand; and (d) caused the victim’s bodily injury, such as spathing and spathing the treatment days.

2. The assertion and judgment

A. The Defendant, from an investigative agency to this court, was at the time of the instant case, “D singing entertainment shop” operated by E, together with G and H, and F, as the date of the instant case, F changed from the past day to E.

Although they did not go to E, they did not go to go to the B, and the defendant tried to go to the F with the shoulder string of E, and the charge is denied by denying the charge that the defendant did not satisfling the bat of E with the bating of satch or drinking face.

B. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction shall be based on the evidence of probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decisions 2002Do610, Feb. 11, 2003; 2005Do2342, Jun. 24, 2005).

According to the evidence submitted by the prosecutor, while the Defendant and E were fighting each other, suspicions that the Defendant did not inflict any injury, such as the facts charged, to E. However, considering the following circumstances acknowledged by the record, the evidence submitted by the prosecutor in this case is alone as stated in the facts charged.