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(영문) 울산지방법원 2019.01.11 2018고단316
상해
Text

The defendant shall be innocent.

Reasons

1. On November 1, 2017, the Defendant, at around 05:50, injured the victim D (29 years of age) who took the same alcohol on the front side of the bus stops of Ulsan-gu, Ulsan-gu, Seoul-gu, and caused an injury to the victim, such as a non-felbing felb, which requires approximately three weeks of medical treatment for the victim of the victim, while engaging in a dispute with the victim D (29 years of age).

2. Determination

A. The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt must be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

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

There are statements in the victim's investigative agency and this court and each medical certificate (Evidence No. 11) as evidence corresponding to the facts charged in this case.

However, in light of the above legal principles, considering the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone cannot be deemed as having been proven beyond reasonable doubt that the victim suffered the above injury by the Defendant’s assault, and there is no other evidence to acknowledge it otherwise.

1) From the investigative agency to this court, the Defendant: (a) went through a singing room at the time and carried out a fighting with the victim’s body on the street; (b) however, the Defendant consistently denied the Defendant’s act of inflicting injury on the victim’s cryption with the victim’s cryption due to his head; (c) the victim visited cryption with E around 06:20 on the day of the instant crime, and visited the Defendant at the time.

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