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(영문) 광주지방법원 2016.10.28 2015고정2011
특수폭행치상
Text

The defendant shall be innocent.

Reasons

1. On August 9, 2015, around 10:25, the Defendant and C dealt with the summary of the facts charged in the instant case: (a) around 10:25, Nam-gu, Gwangju; (b) around 51, 2015, the victim F (n, 47 years of age) and the victim F (n, 51 years of age) who are siblingss

After gathering the kitchen knife, which is a dangerous object, the Defendant laid the kitchen knife, “I am dead. I am dead. I am. I am. I am. I am. I am. I am. I am the victim F and I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I. am. I.

As a result, Defendant A was in possession of a shoulder hacker glass view, which is a dangerous object, and the victim F was assaulted to receive approximately two weeks of treatment, such as “the following inception,” etc.

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.

(2) In light of the following facts and circumstances acknowledged by each evidence duly adopted and investigated by this Court, the evidence submitted by the prosecutor alone cannot be deemed as having been proven beyond reasonable doubt that the Defendant suffered injury on the part of the victim F, etc. while he/she was under a shoulder view, and there is no other evidence to acknowledge it otherwise.

Therefore, since the facts charged in this case constitute a case where there is no proof of crime, the court rendered a judgment of innocence under the latter part of Article 325 of the Criminal Procedure Act, and rendered a judgment of innocence under the proviso of Article 58(2).

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