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(영문) 서울서부지방법원 2015.09.10 2015고정228
상해
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On July 13, 2014, the Defendant: (a) around 20:00 on the street of “D” in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) on the ground that the victim E (the age of 41) who is a member of a mountain association, such as the Defendant, was drinking the Defendant; and (c) on the hand floor, the victim’s left knife of the victim’s knife would go to the house; and (d) on the one hand, she saw the victim into a scam and tension that requires approximately two weeks of treatment.

2. The evidence submitted by the prosecutor as to the above facts charged lies in the victim E and witness F's statements, injury diagnosis reports, etc.

First, we examine the credibility of victim E's statement.

E immediately after the instant case, the Defendant stated that “the Defendant was trying to catch a non-fluorro-distance taxi, and the Defendant was sleeped with the left side of the fake,” but this Court stated that “The Defendant was seated far away from the Defendant, but the Defendant was sleeped on the front side of the front, and the Defendant was sleeped on the front side of the front, and went out of the front, after being sleeped,” and the overall contents of the statement are insufficient, and in particular, the statement in this Court is inconsistent with the facts charged, and thus it is difficult to believe this as is.

Next, F’s statement in this Court is merely a fact that “The first person was reporting to the police, but the first person was under the influence of alcohol.” However, it is only the fact that “I do not memory that the first person was under the influence of alcohol.”

Therefore, the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the defendant committed E as shown in the facts charged, and there is no other evidence to acknowledge the guilty of the facts charged.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of facts constituting a crime, the judgment of innocence is rendered in accordance with the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced in accordance with Article 58(2)

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