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(영문) 수원지방법원 성남지원 2018.02.21 2017고정878
상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the director of C Management division, and the victim D is the person who works as the head of the same company trade union.

On November 5, 2016, around 13:00 on November 5, 2016, the Defendant, in front of the C Office in E, changed the representative of the Company from the office to the victim.

However, on the ground that the victim did not wish to do so, pluck up the victim's shick hand, and then pluck up the victim's shick, which caused the victim's injury such as the denial of the side of the balance between the excellent land which requires approximately three weeks of treatment.

2. Although the Defendant and the defense counsel have established the office door on the day of the instant case, there was no assault like the facts charged.

3. The prosecutor bears the burden of proving the criminal facts prosecuted in a criminal trial, and the finding of guilt must be based on the evidence with probative value sufficient to have a judge prove that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interest of the defendant (see, e.g., Supreme Court Decision 2009Do1151, Jul. 2, 2010). Considering the following circumstances revealed by the evidence duly adopted and investigated by the court, there is also need for doubt as to the defendant's assault, but it is not proven that there exists a reasonable doubt as to the possibility that the victim's statement was inconsistent with the statements of other witnesses and inconsistent with the empirical rule, etc.

C At the office of the Trade Union, the victim who is the chairperson of the Trade Union and the F director of the Labor Union

The name of the voting director is found, the head of the defendant and the head of the management department are in conflict with G, and the defendant who is the employer is in line with the victim's side who is the worker at the office.

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