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(영문) 서울남부지방법원 2016.11.09 2016고정223
상해
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On September 5, 2015, the Defendant: (a) around 16:40 on September 5, 2015, at the central playground of the Yeongdeungpo-gu Seoul, Yeongdeungpo-gu Office apartment complex, the Defendant: (b) caused the Defendant to assault the Victim E (Nam, South, and 8 years old); (c) caused the Defendant to take the Defendant’s hand; (d) caused the Victim’s face, chest, etc.; and (e) caused the damage to the Defendant’s apartment with the Defendant’s hand, and (e) caused the damage to the Defendant’s multilock that requires a detailed treatment for about three weeks.

2. Determination

A. In a criminal trial, the establishment of a criminal facts ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction is to be ensured, the determination should be made with the benefit of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (B)

Of the facts charged in the instant case, the Defendant: (a) around 16:40 on September 5, 2015, around 16:40, at the central playground of the Heachi An apartment apartment, knife the son’s hand, knife the son’s face, chest, etc.; and (b) subsequently, the Defendant’s hand knife the son’s left side to the apartment entrance.

In light of the following circumstances acknowledged by the record, each statement (each statement in the investigative agency and court) of the victim, E, F, and G as shown in the above facts charged is difficult to believe it is, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged, and there is no other evidence to acknowledge it.

(1) The defendant shall enter the facts charged consistently from the criminal investigation agency to the court, as well as voice recording materials submitted by A (the suspect A) immediately after committing the crime.

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