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(영문) 전주지방법원 2015.12.02 2015노911
상해
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal is that the court below found the defendant guilty of the facts charged in this case on the basis of each of the statements made by the victim and D with no credibility, although the defendant did not have any time when the victim was the victim. The judgment of the court below

2. Around 16:05 on October 21, 2014, the Defendant inflicted injury on the victim C (53 years of age) such as spawd, spawd, spawd, and spawd in the middle floor of a military passenger ship terminal located in the area of the spawd in the area of the U.S. Silsan-si, the main of the facts charged in the instant case, where the victim C (53 years of age) resists the victim’s face at one time due to spawd, spathd, and spathd, and spad, the victim’s head was faced with the victim’s windows, and caused the victim to go beyond the floor, and caused the victim to suffer approximately 20 days of medical treatment.

3. Determination

A. In the relevant legal doctrine, the recognition of facts constituting an offense ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. Therefore, in a case where the prosecutor’s certification was not sufficiently enough to achieve such conviction, there is suspicion of guilt, such as where the Defendant’s assertion or defense is inconsistent or unreasonable.

Even if the interests of the defendant should be judged.

Furthermore, in order for the victim to be convicted of charges solely based on the victim’s statement, the high probative value is required to the extent that there is no doubt about the authenticity and accuracy of the statement. In determining whether such probative value is satisfied, a comprehensive consideration should be given not only to the reasonableness, consistency, objective reasonableness of the victim’s statement but also to personal elements, such as the victim’s sexual character.

(see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (B)

Judgment

The judgment of the court below and the trial court.

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