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(영문) 서울동부지방법원 2016.01.14 2015고합247

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant shall be innocent.

Reasons

1. The Defendant, at around 01:30 on January 30, 2015, listens to the statement that “I am at this night” from the victim, who was the former part of the victim E (the 70-year old-old victim) of the Defendant’s 1st underground floor in Gwangjin-gu Seoul Special Metropolitan City, opened the front door door and entered the front door door door door from the damaged person before approximately one year and six months before entering the front door door door door and opened the door door door door door, and then “I am at this night. I am at this night” from the injured person, and if I am the victim am at his hand, I am “I am at this night.”

1. The following is that the victim's face, chest, satisf, and satisf is cut by using the victim's face, satisf, sat, etc. by drinking and satching the victim's face, satisf, etc., and the victim's face, satisf, etc., can be cut by drinking and satf, and the victim's face, sat, and satisf, which is a dangerous thing in the place (23 cm in total length and 12 cm in length in knife) was cut by using the victim's satf.

As a result, the defendant carried dangerous articles and inflicted injury on the victim, such as 200 cage 5 cage cage cage cage cages.

2. The Defendant asserts that, at the time of the instant case, there was no injury to the victim, since he did not know about the victim’s house.

The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction should be based on the evidence with probative value that leads the judge to have the conviction 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 is inevitable to determine the benefit of the defendant even if there is suspicion as to the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). First, according to the evidence submitted by the prosecutor, the victim was injured by someone at the time and place indicated in the facts charged.