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(영문) 울산지방법원 2016.05.20 2015고정140
상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant operates and manages a mutually beneficial waste company D in Ulsan-gu, Ulsan-gu, U.S., and the victim E is a security guard for the F apartment mortgage in Ulsan-gu.

On June 12, 2014, at around 09:20, the Defendant, a security guard of cleaning service company entering the F apartment guard room, suspended vehicles to control the access by the victim E, who is a security guard, and reported around the dispute between the victim getting off and the driver of the vehicle in the surrounding area, "I go at once, I do you know about it, we do. I do not know it," while pushing the victim's vessel on his own ship, pushing the victim's vessel with drinking and passing it over to about 14 days, resulting in the injury such as salt, tension, streke, streke and tension in need of medical treatment for about 14 days.

2. Determination

A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). (b) Of the evidence submitted by the public prosecutor, the evidence consistent with the facts charged in the instant case includes the witness E's legal statement and the police's statement in E's protocol.

However, in light of the following circumstances acknowledged in the evidence duly adopted and examined by this court, it is difficult to believe the above E’s statement as it is, and the injury diagnosis report to E is insufficient to recognize the facts charged in this case, and there is no other evidence to acknowledge it otherwise.

1) At the time of the instant case, the Defendant and the security guard are waiting for the school vehicles at childcare centers.

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