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(영문) 수원지방법원 2018.06.29 2017노9244

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the victim’s statement, the Defendant’s partial statement, and the victim’s written diagnosis of injury, etc., the lower court determined that the Defendant was innocent as to the facts charged of this case by misunderstanding the facts, even though the Defendant was found to have inflicted bodily injury on the victim as stated in the facts charged of

2. Determination

A. The summary of the facts charged in the instant case is a person who had in the relationship between the victim E (V, 36 years of age) and the victim E (V, 2012 and the Defendant from B, 2014.

On June 8, 2013, the Defendant sent to the Defendant a letter from which it is difficult to know the trade name on the island of Thailand at the hotel where the president of Thailand could not know, and followed the body of the victim due to a dispute with the Defendant, and went through a series of times in the dispute with the victim, and went through a series of 10 days on the right side for which treatment between about 28 days is needed.

B. 1) In a criminal trial of relevant legal principles, the recognition of a criminal facts ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such conviction, the determination should be based on the defendant’s interest even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable.

In addition, the above strict proof includes all the specific criminal facts stated in the indictment by the prosecutor. In particular, the date and time of the crime specified in the indictment is the main object of exercising the defendant's right to defend against the defendant, so the criminal facts should be recognized through strict proof, and there is proof of the criminal facts on the ground that there is a probability that the defendant committed the crime in another time even though it

No recognition shall be made (see Supreme Court Decision 2010Do14487 decided April 28, 201). The lower court's judgment is determined.