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(영문) 서울서부지방법원 2018.01.18 2017노1418
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal stated from the investigative agency to the court of the court below that “the defendant was knee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

H 3 persons, including C and D, have made a statement at the time of the victim.

Considering the fact that the statement corresponds to the statement of the victim and that the statement of the victim is more reliable than the defendant who was in a state of drinking, the defendant was injured by the victim jointly with C and D.

full recognition may be accepted.

However, the court below found the defendant not guilty on the ground that the victim's statement was merely a conjecture, and there is an error of law by mistake in the facts.

2. Determination

A. The lower court’s judgment 1) The facts constituting an offense charged in a criminal trial must be proven by the prosecutor, and the conviction of guilt should be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, and, in the absence of such evidence, the interest of the Defendant should be determined even if there is doubt of guilt, such as inconsistency with, or non-competence of, the Defendant’s assertion or defense, even if there is no such evidence.

2) The Defendant changed from an investigative agency to the court of the court below to the effect that he did not have knee face four times by taking knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

As shown in the facts charged, there are the statements of the victim, the statements of the victim's investigative agency and the court of the court below, the victim's friendship H, I and J, and their investigative agencies and the court of the court of the court below.

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