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(영문) 인천지방법원 2016.06.15 2016노287

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the ground that the defendant inflicted an injury on the victim, despite the fact that the defendant inflicted an injury on the victim.

2. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 201Do7261, Nov. 10, 201). Based on the above legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim's judgment differs from H, the defendant's own room and room room room room room room room.

After one another, one part elbows 5-6 one part elbow with another part elbow.

After that, the head, clothes, bridges, etc. have been taken several times by cutting down himself/herself over the floor and cutting it over the floor.

I called to the hotel flick with her own body and called to the hotel flick, and the defendant went to the room, and she also tried to go back by the defendant, J and I went to the room, and she was unable to get her from the room (hereinafter "the first situation"). After which she went to the room, she again tried to go to the room, and she talks with the defendant before her house, she started to go to the room, and she started to go to her body before her room, and she was flicked by her head, body body and she was flicked on the room (hereinafter "the second situation"). On the other hand, the defendant's first situation is the victim's room.