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(영문) 부산지방법원 동부지원 2018.01.25 2017고정1041
폭행
Text

The defendant shall be innocent.

Reasons

1. On July 14, 2017, at around 23:20 on July 14, 2017, the Defendant: (a) resisted from the elevator front corridor located in Busan Shipping Daegu B, 103 Dong 9; (b) the victim C (the age of 35) residing in the side house (the age of 35) of this Defendant’s elevator door, and committed assault by her hand by putting the victim’s hand with his/her hand while he/she talked with his/her hands.

2. The prosecutor bears the burden of proving the facts charged in a criminal trial against the judgment below, and the conviction of the guilty ought to be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it with the benefit of the defendant.

Therefore, among the evidence submitted by the prosecutor, the victim's statement made by the investigative agency as well as the victim's photographic photo (Evidence No. 13 of the record) taken by the victim as evidence that seems consistent with the facts charged in this case. ① The victim's statement is not consistent with objective evidence (i.e., the victim's photographic photo (Evidence No. 12 of the record of evidence) taken by asking the victim's arms and fingers and fingers of the victim's body and the diagnosis of the victim's injury (Evidence No. 32 of the record of evidence) and its credibility is very low. ② The victim's photograph taken of the victim's fingers was insufficient to acknowledge the facts charged in this case and there is no other evidence to acknowledge this otherwise [i.e.,, the victim's fingers between the defendant and the victim's fingers, and the victim's fingers took the part of the victim's fingers, and the victim has consistently sold the victim's fingers.]

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