beta
(영문) 인천지방법원 2015.03.30 2014고정3762

상해

Text

The defendant shall be innocent.

Reasons

1. Around 12:50 on May 12, 2014, the Defendant: (a) committed an assault against the victim C (nor, 46 years of age) in the field around the 108-dong, Bupyeong-gu, Incheon, Seo-gu, 361 Hancheon apartment 108-dong; (b) set up against the assault; (c) set the victim’s right chest by hand and drinking; (d) turn off the victim’s right chest by drinking; and (e) taken the victim’s right chest by drinking; and (e) taken the victim’s right chest, walking the victim’s right mouth by walking the victim’s right mouth, etc., with a 21-day therapy.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would lead to, the determination ought to be based on the defendant’s benefit even if there

(See Supreme Court Decision 201Do15767 Decided February 13, 2014 (see, e.g., Supreme Court Decision 2011Do15767, Feb. 13, 201). The following circumstances acknowledged by the evidence duly adopted and investigated by this court: (i) D, as a partner of this case, made a statement that he/she was unable to commit any assault against C; (ii) the witness E, who was witnessing at the scene, stated that “C had led the head debt of the defendant; and (iii) he/she did not commit any assault against C; and (iv) the instant case occurred during the process of leading the defendant as a flight of the defendant and C; and (v) at the time, C was led the defendant in the process of leading him/her to the stairs of the defendant; (iii) was harming his/her head head scar; and (v) was harming him/her by drinking; and (v) took account of the circumstances of the instant crime beyond the scope of the injury of the defendant;