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(영문) 서울중앙지방법원 2015.08.13 2014고정5004
상해
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On February 26, 2014, from around 11:00 to around 11:20, the Defendant inflicted an injury on the victim, such as “the aggregate of 5 balance sheet on the left side,” which requires approximately 6 weeks of medical treatment on the part of the victim, by demanding the purchase price for the D apartment house reconstruction and improvement project association office in which the Defendant in Seocho-gu Seoul, the fourth floor located in Seocho-gu Seoul, Seoul, was located. The victim E (the age of 67) demanded the purchase price for the apartment, and making the disturbance more than three influences by the fluened hand.”

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.

Among the evidence submitted by the prosecutor, there is a statement in the E court and in the investigative agency that corresponds to the fact that the defendant assaults E as shown in the facts charged.

However, in full view of the following circumstances acknowledged in evidence duly adopted and examined by this court, as long as it is difficult to believe the statement in the legal and investigative agency of E as it is, and as long as it is difficult to believe the statement in the legal and investigative agency of E, the injury diagnosis report of E is insufficient to recognize the facts charged in this case, and there is no other evidence to acknowledge it.

(1) When a disturbance occurs due to the date and time indicated in the facts charged, demanding the payment of the purchase price at the place, etc., the Defendant sought to report E, 112 under suspicion of interference with business, and E, intending to block the Defendant from reporting the 112 report by reducing the phone number of the excursion ship on the Defendant’s book from the Defendant. If the Defendant is.

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