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(영문) 서울북부지방법원 2014.05.23 2013고단3300
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant shall be innocent.

Reasons

1. On October 28, 2013, the Defendant: (a) around 02:20, at the main point of “D” located in Gangnam-gu, Gangnam-gu; (b) on the ground that the victim E (the age of 29) in the course of drinking alcohol would be bad; (c) on the ground that the victim E (the age of 29) would be bad; (d) on the part of the victim, the Defendant disputed the breath, and caused an injury on the part of the victim to the part of the main disease, which is a dangerous object on the table bble; and (e) on the part of the main disease, the victim would be at least four weeks of the b

2. Determination

A. The Defendant’s defense against the Defendant is changing the fact that he/she was suffering from illness from the investigative agency to the court.

B. Determination 1) According to the principle of trial on evidence prescribed in Article 307 of the Criminal Procedure Act, the conviction in a criminal trial ought to be based on strict evidence with probative value sufficient for a judge to have a genuine conviction that is beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent to have the above conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or unfolded, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). 2) As indicated in the facts charged by the prosecutor, there is each statement in the victim E and F investigative agency in order to prove that the defendant abused the victim as a main soldier and inflicted bodily injury on the victim. In relation to E’s statement, health and health, E refers to the police officer dispatched to the police officer at the site of this case, and the defendant’s body and the defendant made his own body during the process of investigation.

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