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(영문) 대구지방법원 2016.09.21 2015노4831

상해

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. On September 24, 2014, the summary of the facts charged in the instant case is as follows: (a) from the Defendant’s mother and the Victim C (53 tax) in front of the new district court in Daegu Suwon-gu, Daegu-gu, Daegu-gu, about 10:15 on September 24, 2014; and (b) whether the Defendant’s mother and the victim C (53 tax) in the litigation can leave its head in the

“A” shall be the victim of the horse, who shall see the horse, “Is the Hask from the Hask of the Crop year and the night road.”

The term “the victim” refers to “the victim and vagabonds,” and the victim’s fingers were plucked, plucked, plucked, and spreaded to the victim, thus requiring treatment for about one week for approximately one week, and the right boomed, etc.

2. The lower court found the Defendant guilty by taking account of each of the evidence in its judgment.

3. The summary of the grounds for appeal is as follows: although the Defendant did not inflict an injury on the victim by plucking, plucking, and spreading the victim’s fingers, the lower court convicted the Defendant of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts, thereby affecting

4. The prosecutor bears the burden of proving the criminal facts prosecuted in a criminal trial for the trial of the party deliberation, and the conviction should be based on the evidence with probative value that makes the judge sure that the facts charged are 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 Decision 2006Do735, Apr. 27, 2006). The evidence duly adopted and examined by the court below and the record on the record submitted by the defendant in the trial, i.e., the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the records submitted by the defendant, i.e., the defendant unilaterally committed violence from C at the time of the instant case, and C was investigated as a suspect status at the investigative agency, and as to the situation at the time of the instant case, “the defendant's desire to