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(영문) 서울남부지방법원 2017.10.11 2017고단354
특수상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is between the Defendant and C, the mother of the Victim B(28) (C).

On December 1, 2016, the Defendant: (a) around 22:50 on December 1, 2016, while drinking alcohol together with a victim who was playing in Seoul D, was led by the victim’s head debt, (b) when the victim was towed by drinking and knenee with the victim’s head, (c) brought the knife in the kitchen and brought the knife from the kitchen, and (d) taken the back head of the victim’s head with the knife part of the kitchen, and knife the knife.

As a result, the defendant carried a dangerous knife and beer knife with the victim, and assaulted the victim, thereby damaging the head of the untreated head part of the treatment days and strawing the victim.

2. Although the victim B’s testimony and statement to investigation agency, witness E’s testimony, on-site dispatch report, on-site photographing, and death diagnosis as evidence corresponding to the facts charged in the instant case, the remaining evidence except the victim B and witness E’s statement is insufficient in itself to view it as evidence with independent probative value to acknowledge the facts charged.

There is only the statement between the victim and the witness E as direct evidence to prove the facts charged.

In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the interest of the defendant is to be judged.

The Defendant consistently denies the assault itself.

Witness

C testified to the effect that there was no fact of the victim's head due to the knife or the knife part of the victim's head.

Witness

C fights at the time.

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