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(영문) 서울중앙지방법원 2016.02.18 2015고단4813

상해

Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On August 5, 2015, the Defendant: (a) around 09:50 on the day before the D convenience store in Dongjak-gu Seoul Metropolitan Government, and (b) around 09:50, the Defendant, under the influence of alcohol, inflicted an injury on the victim E (68 years) who used to run there without any justifiable reason, such as flaging a trial fee; (c) flading the victim’s breast part of his chest by hand, and flaging the victim’s breast part of the victim’s chest, thereby causing an injury, such as flaging

2. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the finding of guilt must be based on the evidence of probative value that makes the 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 in the interest of the defendant (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). According to the records of this case, ① the defendant d convenience store located in Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as "the convenience store in this case") from around August 5, 2015 to the time this case occurred, and ② the person who dices alcohol as the defendant at that time, as the defendant, did so with other kinds of drinking in the subsequent table.

The facts that F and Si reserve forces reported to the police, ③ the Defendant was under the influence of alcohol and was under interference with vehicle traffic at the time when the police officer called out, ④ the victim was in front of the convenience store of this case (hereinafter “the instant abortion”), the victim was transferred to a hospital by the members of the 119 first-aid service, who was called out after receiving the report, and ⑤ the victim was suffered from the injury, such as the fladation of the border, etc. (hereinafter “the instant injury”) from among the fladles that require 12 weeks medical treatment due to the instant abortion, and the fact that the victim was aware that the instant injury was mainly caused by a simple abortion from the elderly patient.