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(영문) 서울중앙지방법원 2021.02.18 2019고정1203
상해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On December 24, 2018, the Defendant: (a) around 16:00 on December 24, 2018, at the “C” store located in Jung-gu Seoul, Jung-gu, Seoul; (b) brought about a dispute between the victim D (62 aged) and the Oralbab, and caused injury to the victim, such as an inner section, where the victim’s distribution and left face face are several times due to drinking, etc., and where the victim needs to receive treatment between approximately 21 on the left side.

2. Determination

A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true beyond reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). B. Even according to the defendant's statement, even if following the defendant's statement, it appears that there was a vagach between the defendant and the victim on the day of the instant case, so it is true that there is a doubt as to

However, in light of the following circumstances admitted by the record of the instant case, the facts charged in the instant case, which the Defendant committed an assault and bodily harm, was sufficiently proven beyond a reasonable doubt, solely with the evidence submitted by the prosecutor.

shall not be deemed to exist.

① On the day of the instant case, the victim stated in the police that “the Defendant was blicking the victim’s left face three times by drinking the victim, and the injured person was satisfing his clothes over several times, and the injured person was satisfing one time to satisfing the Defendant’s body.” The Defendant did not make a statement to the effect that he satfedddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

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