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(영문) 인천지방법원 2015.07.16 2015노653
상해
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal that C used a mobile phone without permission of the defendant and taken the face of the defendant, so the defendant only set up a mobile phone in which he left hand, and C submitted a written diagnosis of injury to the left hand, and the facts charged in this case also contain that the defendant inflicted an injury on C's left hand by cutting off his left hand and cutting off his mobile phone, but the court below convicted the defendant. Thus, the court below erred by misapprehending the facts.

2. Determination

A. On March 4, 2014, at around 14:05, the Defendant inflicted an injury on the victim by taking the victim’s left hand in order to delete the photograph stored in the cell while waiting together with the victim in order to have the victim taken photographs of the victim’s face as a cell phone in order to receive an investigation into the case that the victim filed a complaint against the Defendant due to the overdue wage of 902 of the Incheon District Prosecutors’ Office 902 of the 163rd, Nam-gu, Incheon, Seoul, and at around 3 weeks, the Defendant inflicted an injury on the victim, by taking the victim’s face as a cell phone and taking the photograph stored in the cell phone.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds of the evidence indicated in its holding.

C. The prosecutor bears the burden of proving the criminal facts prosecuted in a criminal trial for a trial on the trial of the party. The conviction should be based on evidence with probative value sufficient to conclude that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is likely even if there is no such evidence.

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

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). The Defendant is a mobile phone that the Defendant saw from an investigative agency to the trial of the party.

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