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(영문) 춘천지방법원 영월지원 2014.05.09 2014고정27
상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 17:44 on May 18, 2013, the Defendant, at around 17:44, 2013, engaged in a dispute with the victim, because the Defendant, while doing remodeling work, was an electric power line leading to the gathering of the victim E while doing so. After that, the Defendant, following the victim’s body return back to the lower her body, caused the victim’s injury, such as brain, which requires approximately two weeks of medical treatment.

2. The defendant and his defense counsel only held a dispute with the victim at the time of his assertion, and there was no fact that the victim's name was displayed in his arms or at the price of his head as stated in the facts charged.

3. While the victim made a relatively consistent statement at the investigative agency to this court on the facts of assault, the Defendant appears to have not complied with the investigation by the victim at the time of the investigation, and considering the relationship between F and the Defendant, who made a statement contrary to the above facts charged, and the relationship between F and the Defendant, there is doubt as to whether the Defendant did not inflict an injury on the victim, such as the facts charged.

However, in a criminal trial, the recognition of facts constituting a crime must be based on strict evidence with probative value, which leads a judge to have the degree of having no reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree of sufficient conviction, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense is contradictory or uncomfortable.

The victim's statement and the injury diagnosis statement are admissible as evidence corresponding to the facts charged of this case.

However, the above legal principles and the detailed relationship of evidence as to the facts charged of this case and as seen below.

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