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(영문) 서울중앙지방법원 2016.11.16 2016고단5359
상해등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. On July 2, 2016, at around 19:00, the Defendant assaulted the victim on the front side of the EPC in Dongjak-gu Seoul Metropolitan Government, on the ground that the victim F (25 years of age, n) who was under his/her control did not return his/her mobile phone after cutting off the Defendant’s mobile phone, and on the ground that he/she did not turn back the Defendant’s shoulder, he/she assaulted the victim by taking off the victim’s shoulder seat seat on the roadside floor.

B. In the residence of the victim of the studio building 303, located in Gwanak-gu, Seoul Special Metropolitan City, the injured Defendant argued that the victim did not bring the Defendant’s mobile phone and did not return the Defendant’s mobile phone, and that the victim took part in several times with the studio of the head and the studio of the victim’s head, etc., leading the victim to approximately two weeks of medical treatment.

2. The burden of proving the facts charged in a criminal trial for judgment is to be borne by the public prosecutor, and the conviction is to be based on evidence of probative value, which makes a judge not having reasonable doubt as to whether the facts charged are true, so long as there is no such evidence, the suspicion of guilt against the defendant is between the suspect 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 2010Do9633 Decided November 11, 2010, etc.)

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