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(영문) 전주지방법원 정읍지원 2016.07.26 2015고정153
폭행
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged and the Defendant C are all associated with each other in South Korea.

On March 21, 2015, the Defendant demanded compensation from the victim C ( South Korea, 33 years old), who was found in his wife F, in Eart restaurant operated by the Defendant on March 21, 2015, in order to compensate for the reflect of the victim C (the victim between South and North Korea, 33 years old).

“A fluent and drinking fluents assaulted the victim’s face face by taking three times each.

2. The assertion and judgment

A. The Defendant and his defense counsel’s assertion was only a fact that C was pushed down with C in order to restrain the Defendant’s breath and breath, and did not assault the victim as stated in the facts charged.

B. 1) Determination 1) The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the recognition of guilt ought to be based on evidence with probative value sufficient to have a judge determined that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it should be determined in the benefit of the defendant.

B) Although the Defendant denied the contents of the facts charged and the protocol in which the investigative agency supported the Defendant stated the original statement, if the original statement was present at the court and the Defendant was unable to cross-examine, the Defendant is able to clearly recognize the exact purport of the statement even without cross-examination in light of the form and content of the protocol, or there is any special circumstance to recognize a strong probative value in light of the form and content of the protocol, or there is no doubt as to the content thereof, such as that it conforms to the empirical rule, and thus, it can support the credibility and probative value of the statement recorded in the protocol.

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