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(영문) 광주지방법원 순천지원 2016.01.06 2015고단918
상해
Text

The defendant shall be innocent.

Reasons

1. The Defendant, in the facts charged, operates “D main points” in Ycheon City C, and the victim E (n, 51 years of age) is a person who received KRW 50,000 per day and worked for three days at the above main offices.

On April 18, 2015, the Defendant asserted with the victim at around 20:20 the above “D main points.”

At the time, the Defendant found the drunk victim as a friju bank, and “I 50,000 won per day when I worked in the friju bank, and I am 60,000 won.”

whether or not.

whom he has come to death shall be a man who has come to sing in by singing.

whether or not.

“Along with the fact that the victim was unable to find a noise again, it was due to the fact that the victim continued to find a noise and caused a disturbance.

The Defendant inflicted injury on the victim, such as the victim’s her cellular phone, which was cited in his hand in the process of dispute as above, when the victim’s wife was in need of medical treatment for about 21 days, such as “the bones bend and right side.”

2. Determination

A. In a criminal trial, the conviction in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such proof, even if there is no doubt of guilt against the defendant, the conviction cannot be judged as guilty (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006).

However, according to the circumstances in paragraphs (1) through (7) revealed in the record, it is difficult to believe that the victim's statement that corresponds to the fact that the victim was committed with his cellular phone at the time and place of the decision of the defendant was committed, such as a crime.

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