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The defendant shall be innocent.
Reasons
Summary of Facts charged
1. On November 2008, the Defendant, at around 20:0, had a entrance without the consent of the victim to receive the money borrowed from the victim D, which was located in Gangnam-si C Apartment 708, around 2008, and had an intrusion upon the victim’s residence.
2. Around 15:00 on September 1, 2012, the Defendant insultingly insultingd the victim D with the phrase “Chewing, Chewing, and deemed to have been repaid,” and the phrase “I would like to have paid off the unpaid amount of money,” and “I would like to say that I would have paid off the said amount of money, I would like to know that I would have paid off the said amount of money,” and that I would like to see that I would have paid off the said amount of money, and that I would like to see that I would have paid off the amount of money,” and that I would like to publicly insult the victim.
Defendant
And Summary of Defense Counsel's argument
1. As to the entry into a residence, when the defendant went to the residence of the victim at the time and time stated in the facts charged, he refers to the entry of the victim and enters the house.
2. As to insult, the Defendant did not take the victim’s bath at the time and time indicated in the facts charged.
Judgment
1. The issue is whether the evidence corresponding to this part of the facts charged is only the victim's investigative agency and the victim's statement in this court, and whether the victim's statement is credibility or not.
살피건대 피해자는 경찰 조사 시 “피고인이 2008. 11. 일자불상경 20:00경 강릉시 C아파트 708호로 찾아와 잠기지 않은 문을 허락도 없이 주방까지 걸어 들어와 그곳에서 손으로 피해자의 턱을 3~5회 가량 툭툭 치면서 ‘씹을 팔아서라도 돈을 갚아라.’라고 욕설을 하였다.”는 취지로 진술하였고, 이 법정에서 “피고인이 2008. 11.경 피해자의 집에 찾아와 ‘이년아 내 돈 꿀꺽 해처먹고 돈 안내놓고 뭐하는 지랄이야’라고 하면서 행패를 부렸고, 이에 피고인을 집에서 데리고 나왔다.”는 취지로 진술하였다....