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(영문) 울산지방법원 2019.10.29 2019고정72

상해

Text

The defendant shall be innocent.

Reasons

1. The Defendant was a person who was working as the head of Yangsan-si B Apartment Management Office, and the victim C (the 63-year old age) was a female president of the above apartment complex, and the Defendant did not discontinue his work despite the expiration of the contract term while working as the head of the management office and did not proceed with the procedure for public tender with the new head of the management office.

On October 23, 2018, at around 10:00, the Defendant: (a) carried out a dispute with the occupants in the above apartment management office; (b) but (c) carried out a management office room; (d) on the ground that the victim gets away from the Defendant and gets out of the management office room; and (d) on the ground that the victim’s body was pushed away and gets out of the management office room, the victim went out to the back.

As a result, the Defendant inflicted injury on the victim, such as salt, tensions, etc., which requires treatment for about two weeks.

2. The burden of proof of the facts charged in a criminal trial for judgment is to be borne by the prosecutor, and the conviction is to be based on evidence of probative value, which makes a judge not having reasonable doubt as to whether the facts charged are true, to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt against the defendant is between the

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

(see, e.g., Supreme Court Decision 2012Do311, Mar. 15, 2012). Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence alone submitted by the prosecutor is insufficient to acknowledge the fact that the Defendant inflicted an injury on the victim, and there is no other evidence to acknowledge the same.

① From an investigative agency to this court, the Defendant consistently stated to the effect that the victim was not physically injured at the time of his/her appearance, and that the victim was able to attract the Defendant as drinking water, and that he/she was in excess of the victim himself/herself.

(2) A victim before the victim moves out.