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(영문) 청주지방법원 2016.02.16 2015고단1276
상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is between the Defendant and the neighbors residing in Cheongju-si apartment C, 101 Dong 101, Dong 102, and the victim D residing in 101 Dong 102. On April 23, 2015, the Defendant left the corridor around the above apartment 101 Dong 102, Dong 101, Dong 102, around April 23, 2015, and the victim left the corridor to work at work at the center of the corridor for food waste located in the central passage of the corridor.

“The Defendant did not throw away food waste.”

Although the victim responded, whether the victim continued to “Isn't know”;

why is why we have gone back food waste; and

As the Defendant expressed the desire to “Swelve years,” the Defendant inflicted an injury on the victim, her hand, such as the removal of spine No. 12, which requires approximately 12 weeks of treatment, by pushing the victim’s chest.

2. Determination

A. The Defendant asserts that, since the victim’s desire continues to return back to the next place, she merely went beyond the victim’s moment and she did not cause injury to the victim, and that she is not guilty.

B. The prosecutor bears the burden of proving the facts charged in a criminal trial, and the burden of proving the facts must be based on the strict evidence with probative value, which makes the judge not able to have any reasonable doubt, and if there is no such evidence, even if there is suspicion of guilt against the defendant, the interest of the defendant should be determined (see Supreme Court Decision 97Do1962, Feb. 13, 1998, etc.).

On the day of the incident, the fact that the injured person was suffering from the vertebrate 12 in the emergency room of the hospital, can be recognized by the evidence submitted by the prosecutor, including a diagnosis document, a copy of medical records, and a reply on the details of 119 report.

The defendant is seen as above from the stage of investigation to the time of this Court.

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