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The defendant shall be innocent.
Reasons
I. Facts charged
1. On March 16, 2012, at night, the Defendant assaulted the victim D with a view to getting the victim's knife of his knife of his knife, the victim D (24 years of age) who is a large child, on the ground that the victim D (24 years of age) did not take personnel, and the victim F was able to take the knife, and the victim F was able to get the victim's knife of his knife of his knife of his knife, and the victim D (24 years of age).
2. The Defendant committed assault against the Victim G at the time and place described in paragraph (1), and at the time and place described in paragraph (1), the Victim G (A), who denies the Defendant to assault D as described in paragraph (1), said that the Victim G (A) “I satisfe” (A person aged 51) was satched by the victim’s son at one time.
Ⅱ. Determination
1. In a criminal trial, the burden of proof and the degree of proof are imposed on the public prosecutor. The conviction should be based on strict evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree of conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, and there is a doubt of guilt, such as the defendant’s non-competence, it should be determined with the benefit of the defendant.
(See Supreme Court Decision 2004Do7028 Decided January 14, 2005, Supreme Court Decision 2012Do6280 Decided August 30, 2012, and Supreme Court Decision 2013Do4172 Decided June 27, 2013, etc.). 2. In light of the legal statement of the witness D (in particular, recording of the witness D, 4-6 pages, 10 pages) of the judgment of the “Assault part againstG” on the witness, it is extremely doubtful that the Defendant whether the Defendant complies with G wife’s her wife’s bridge at night around March 16, 2012 at night around September 19, 2012.
Therefore, this part of the facts charged is consistent with this.