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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On October 24, 2012, the Defendant: (a) around 14:00 on October 24, 2012, the instant facts charged, on the ground that the victim E (70 years of age), a welfare center user of the same welfare center as the preceding day on the rooftop of the D Welfare Center in Seoul Special Metropolitan City, Nowon-gu, left the Defendant’s face as head, boomed the Defendant’s face; (b) laid the bat of the Dongin’s bat with hand on the bat, thereby causing three diversous injury to the said E, i.e., e., e.,
2. Determination
A. The Defendant consistently denies the facts charged from an investigative agency to this court. As such, the prosecutor bears the burden of proving the facts charged in a criminal trial, and the conviction should be based on the evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, there is no doubt of guilt against the Defendant even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (B)
In light of the following circumstances acknowledged by the evidence duly admitted and investigated by this Court, the E, F’s investigative agency and court, and G’s legal statement as evidence that conforms to or conform to the facts charged in the instant case. However, the E’s statement is difficult to easily believe its content, and the F and G’s statement is insufficient to recognize the facts charged.
① On October 23, 2012, the day immediately before the record date of the above facts charged, E was dissatisfied with the Defendant, and thereafter was in an unsound state of appraisal, such as filing a criminal complaint.
(E) On November 22, 2013, the Seoul Northern District Court was sentenced to a fine of KRW 1 million in the Seoul Northern District Court Decision 2013Ma1719, Nov. 22, 2013, and was rendered not guilty in the case of the appellate court 2013No1541.