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(영문) 서울중앙지방법원 2015.11.19 2015고정2015
상해
Text

The defendant shall be innocent.

Reasons

1. Around 11:00 on January 9, 2015, the Defendant, at the F Office located in Yeongdeungpo-gu Seoul Metropolitan Government, heard the victim’s G (67 years of age) and F’s operational plan, etc., and predicted the victim’s phrase “I have come back and go back, I would like to see that I would like to say, “I would go back and go back. I would like to go back from the victim, I would like to see the table table between the Defendant and the victim that I would face both kneees of the victim on the victim’s side, and then, I would like to go back to the victim for about 10 days.

2. 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 of guilt is to be based on the evidence of 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, it is inevitable to determine it with the benefit of the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). Among the evidence submitted by the prosecutor, among evidence submitted by the prosecutor, there are statements made by G court and investigative agencies, statements made by G in relation to the fact that the Defendant had knee and knee in the table of the facts charged, and the tables between the Defendant and G at the place of the charge, and records recorded therein.

However, according to H’s legal statement and the result of this court’s on-site inspection, the above evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant had suffered from both knee in G on the tea knebl with the Defendant and G, so that there is no reasonable doubt, and there is no other evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of criminal facts, and thus, pursuant to the latter part of Article 325 of the Criminal Procedure Act

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