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The defendant shall be innocent.
Reasons
1. On January 8, 2014, the Defendant: (a) around 01:30 on January 8, 2014, on the front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, for the reasons that he would refuse to take passengers from D and E on the front of the road; (b) the Defendant took two faces of the victim D(55) by hand.
2. Determination
A. At the time of the instant case, the gist of the Defendant’s and the defense counsel’s assertion was unilaterally satisfied by the victim and did not point out the victim.
B. In a judgment, criminal facts should be acknowledged based on strict evidence with probative value, which leads to a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be ensured, the determination should be made in the interests of the defendant even if there is a suspicion of guilt against the defendant even though it is doubtful that the defendant is guilty.
(see, e.g., Supreme Court Decisions 2005Do8675, Mar. 9, 2006; 2010Do14487, Apr. 28, 201). In full view of the following circumstances acknowledged by the evidence adopted and examined by this court, it is difficult to view that the Defendant’s face was proved to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.
1) The victim D consistently states from the investigative agency to this court that he/she was in contact with the Defendant, and that he/she did not assault the Defendant. However, this is inconsistent with the E’s statement or vehicle booming images and hand-on images as seen below. Accordingly, the victim D’s statement is not reliable. Accordingly, the victim D’s statement is without credibility. 2) E states that it is not certain memory as to whether the Defendant had observed the victim’s face in this court.
3 Witnesses F have been a victim D and E in an investigative agency, and the victim was a victim of his own son after blocking the taxi driven by the defendant, and the defendant was the victim.