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(영문) 서울남부지방법원 2015.06.22 2014고정3166
상해
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On December 26, 2013, the Defendant: (a) around 08:35, on the second floor of the D Company located in Innju City, the Defendant inflicted injury on the victim’s left part on the left part by having the corridored by the victim E, who was dissatisfied with the victim’s work instruction; and (b) having caused the victim’s injury on the left part of the victim’s back part, which requires approximately two weeks medical treatment.

2. Determination

A. In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt.

B. The Defendant asserts to the effect that “the Defendant was faced with the sloter reported by the Defendant by flood and the sloter reported by E, and did not intentionally embling E”, and denies the facts charged.

Therefore, it is difficult to believe that each statement and court statement in E investigation agency among the evidence submitted by the prosecution, as to whether the defendant had the intention of injuring or assaulting the defendant. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is difficult to believe that this court is the same.

① At the investigation agency, E initially stated to the effect that “I am salute the Defendant by saluting one’s own salute, because of its high degree of salute and class, I am salute.” However, when the second statement was made, “I am mixed about the number of business operations of the Defendant prior to the occurrence of the instant salute,” and that I am am salute on the day of the instant case, the Defendant’s complaint was raised against the part of the business that “I am salute,” and waits for himself at the place indicated in the facts charged, which is a blind spot where there is no CCTV, and then I am am salute between am and salute.

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