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(영문) 서울서부지방법원 2019.05.10 2018고정1122
폭행
Text

The defendant shall be innocent.

Reasons

1. On September 19, 2018, the Defendant, at around 23:00 on September 19, 2018, has a conflict between the victim D (if known, 63 years old) and the noise problem between floors at the underground parking lot of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

In 201, the defendant's face was exposed to the defendant's face, and the defendant's face was exposed to the defendant's face, and the victim was assaulted by his hand.

2. Determination

A. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof is not sufficiently enough to achieve such conviction, the determination ought to be based on the defendant’s benefit even if there is a suspicion of guilt.

(Supreme Court Decision 201Do15767 Decided February 13, 2014, etc.) B.

In full view of the following circumstances acknowledged by the record, it is difficult to believe that the victim’s statement that the Defendant scambling the victim by hand is difficult, and other evidence submitted by the prosecutor alone is insufficient to deem that the facts charged in this case was proven to the extent that there is no reasonable doubt, and there is no evidence to prove otherwise.

① The Defendant’s investigative agency consistently made a statement from the investigative agency to the court that the victim was not pushed away.

② At the time of the police investigation, the victim stated that “the defendant was unsatisfying down by the defendant,” and “I am in the underground parking lot, the defendant was satisfying on the floor,” and in this court, “I am in excess of the inner space. The situation was left back. I am am hyd off. I am amben. I am amben. I am am. I am am ambry, and how I am am out, and am am well? I am am ambry?? I am am ambry??? I am am am sather now? I am unsather am

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