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(영문) 서울중앙지방법원 2016.02.04 2014고정5652
상해등
Text

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

Reasons

1. Summary of the facts charged

A. In around November 11, 2014, the Defendant found a telephone device from the phone room in the second floor area in the Dongjak-gu Seoul Metropolitan Council for Senior Citizens, Dongjak-gu, Seoul Metropolitan Government, on the ground that the victim D (Woo, 73 years old), the president of the Elderly Association, was hidden under the small wave so that non-members could not use the telephone device in the second floor, and expressed the victim and the victim, etc. to “Igh, Ibh kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kba

B. Property damage [2015 High 1448] Around November 16, 2014, the Defendant removed and destroyed the entrance knife amounting to 50,000 won at the market price, which is the possession of the regular members of the senior citizens' association installed at the entrance of the senior citizens' association, by removing the entrance knife amounting to 50,000 won in the market price, from around November 10, 2014 to around 16:30 by the senior citizens' association, which is managed by D on the second floor of the 134 C Apartment-ro, Dongjak-gu Seoul Metropolitan Government.

2. Determination

A. The burden of proving the facts charged in a criminal trial against injury lies in the prosecutor’s burden of proving the facts charged, and the conviction of guilt is based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant’s guilt, it is inevitable to determine the defendant’s interest (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Of the evidence submitted by the prosecutor, there is a statement in the victim’s court and investigative agency, and E’s legal statement, which is evidence that corresponds to the fact that the defendant was sealed while paying the victim and the victim at the time and place indicated in the facts charged.

However, according to the legal statement of the witness F, the victim's age and the lapse of time.

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