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(영문) 수원지방법원 평택지원 2013.07.04 2012고정769
상해
Text

The defendant shall be innocent.

Reasons

1. The facts charged in the instant case are as follows: “The Defendant was together with C in the “E” cosmetic operated by Pyeongtaek-si D, which was known to Pyeongtaek-si around 23:30 on June 24, 2012, and the Defendant incurred damages that require four weeks’ medical treatment due to the victim’s left-hand hand, going beyond the victim’s right hand, and going back one time after the victim’s left hand with the Defendant’s right hand, thereby breaking up the victim’s left-hand hand.”

2. The burden of proving the facts constituting an offense prosecuted in a false criminal trial is imposed on the public prosecutor, and the conviction is based on the evidence with probative value sufficient for a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is doubtful even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

In this case, there is a statement in F’s investigative agency and court as evidence consistent with the above facts charged, but the following circumstances acknowledged by the records of this case are as follows. ① The police stated that “In the situation where F is carrying on the left-hand hand of the lower left-hand hand, the Defendant was plucked, plucked and plouted by the lower-hand hand on the left-hand hand of the lower-hand hand (the investigative record 29 pages).” The prosecutor stated that “C is hiding back to the Defendant’s rear seat, it was concealed by C’s rear seat, and it was 4th hand of the lower-hand hand of the Defendant’s lower-hand hand, and the Defendant made a statement in this court that “C was plucked, plout, and plout the Defendant’s left-hand hand of the lower-hand hand of the Defendant,” and that “The Defendant made a statement by plouting and plout the Defendant’s hand to do so.”

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