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(영문) 서울서부지방법원 2013.07.03 2012고정1510
상해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around 14:20 on January 21, 2012, the summary of the facts charged interferes with debt collection by getting the victim F (or the age of 51) who was waiting at the scene of the defendant's living together in order to receive the money borrowed from the defendant's living together in the street in front of Yongsan-gu Seoul Metropolitan Government D apartment, and allowing him to run away from the above E at the site. The defendant got off the victim's body by pushing the victim's body while getting off the bank used by the defendant, and putting the victim's body down.

As a result, the defendant faced with the head of the victim on the floor, and caused injury to the victim, such as cerebral dynasium and the left-hand dynasty that require treatment for about two weeks.

2. The Defendant consistently maintained from the investigative agency to the court of this Court, and the Defendant was able to drive the Defendant, drive the Defendant, and let the Defendant get off the Defendant, and the Defendant also did not cut off the Defendant. However, the Defendant was able to keep the Defendant away from the Defendant’s bank, and the Defendant’s statement to the effect that the Defendant was not sealed. As such, the Defendant denied the facts charged of this case by making a statement to the effect that he was not sealed.

The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction 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, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

I would like to say.

(See Supreme Court Decision 2002Do6110 Decided February 11, 2003, etc.). The facts that the victim gets out of the room and place indicated in the facts charged are also recognized by the defendant, but, in addition, the main evidence that the defendant gets out of the floor by blocking the victim from the room and breaking the victim beyond the floor of the instant facts charged is the victim’s investigative agency and the court.

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