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Defendants are not guilty.
Reasons
1. The summary of the facts charged in the instant case is as follows: (a) around 11:00 on May 3, 2015, the Defendants: (b) on the street in front of the Agricultural Cooperative of the Cheongju-dong, Cheongju-dong, Cheongju-si; and (c) Defendant A, prior to that, shall complete the payment of KRW 2 million borrowed from Dog-dong, to
On the other hand, after having the victim go to the above place, the victim said that the victim “the victim would be able to gam for gambling,” and said, in order to go to the sexual zone, the victim’s arms, which the victim resisted in both sides with the Defendant B, was able to get off at a hold, leading the victim’s arms, and thereby, the Defendants jointly inflicted an injury on the victim, such as the salt, tension, etc. of the shoulder that requires treatment for a period of 14 days.
2. Determination
A. The Defendants asserted that the victim’s arms are not guilty on the ground that they did not fit to the extent that they want to catch at a canter, and did not injure the victim.
B. In a criminal trial, the conviction of guilt should be based on evidence with probative value, which could lead a judge to have a correct doubt that the facts charged are true beyond a reasonable doubt. Unless such proof is given, the conviction of the Defendant cannot be determined even if there is a suspicion of guilt (see Supreme Court Decision 2001Do2823, Aug. 21, 2001, etc.).
At the time of the entry of the facts charged in the instant case, there is a medical certificate of injury that the victim seems to be fit for the fact of suffering from the injury, such as “satisf and tension,” and some statements made at the investigation agency and court of C and D, or some of E’s legal statements are consistent therewith.
In addition, the witness F’s legal statement requested by the Defendants cannot be considered to be disadvantageous to the Defendants, or not to be memoryed.
In light of the attitude and attitude of statement, it is difficult to believe it as it is.
Nevertheless, in light of the following circumstances, there is no evidence of probative value that could lead to the conviction that the facts charged in this case are true, beyond a reasonable doubt.