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(영문) 대구지방법원 김천지원 2016.10.25 2016고정320

폭행

Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. Around 09:20 on April 22, 2016, the summary of the facts charged: (a) the Defendant: (b) in the Gu-U.S. C apartment management office; (c) in relation to the Defendant’s working as the chairman of the C apartment management office at the time of working as the chairman of the C apartment management office, the Defendant committed assault, such as taking the victim’s D (58) who was the chairman of the council of occupants’ representatives as the chairman of the C apartment management office, in a video recording of the victim’s situation at the time when the Defendant was living in the cell phone, including the Defendant, in order to pay off the said mobile phone 3 to 4 times to the victim’s left hand.

2. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge not having reasonable doubt that the facts charged are true, to the extent that there is no room for a reasonable doubt, so if there is no evidence to establish such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a conviction.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do1716 Decided May 26, 2006, and Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.) B.

The evidence consistent with the above facts charged is a statement and photograph in D's court and investigative agency, but the following circumstances recognized by the records of this case, i.e., (i) the victim has continuously demanded the defendant to keep a cell phone when looking at the situation at the situation at the time, and the victim appeared to have been exposed to a cell phone, and the victim was sexually indecent act, but did not mention all of the damages as stated in the facts charged while the chest of the defendant was sexually indecent act. (ii) The witness E stated in this court that the defendant did not take photographs to the victim at the time, and that the hand of the defendant did not contact the victim's hand, but it was not deemed that the victim's hand did not contact the victim's hand.