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(영문) 수원지방법원 성남지원 2017.11.23 2016고단1457
상해
Text

The defendant is innocent.

Reasons

1. The Defendant is a person who was in an internal relationship with the victim E (V, 36 years of age) and the Defendant from B, 2012 to B, 2014.

On June 8, 2013, the Defendant sent to the Defendant a letter from a hotel where it is difficult to know the trade name on the island of Thailand. On the other hand, the Defendant followed the body of the victim due to a conflict with the victim, which the president of Thailand sent to the Defendant, and went through a series of meetings about 10 days on the right side of 28 days on which medical treatment is needed.

2. Determination

A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to have the degree of confluence that could not have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent of ensuring the aforementioned conviction, it should be determined in the interests of the defendant even if there is doubt of guilt, such as the defendant’s assertion or defense is contradictory or unreasonable.

In addition, the above strict proof includes all the specific criminal facts stated in the indictment by the prosecutor. In particular, the date and time of the crime specified in the indictment is the main object of exercising the defendant's right to defend against the defendant, so the criminal facts should be recognized through strict proof, and there is proof of the criminal facts on the ground that there is a probability that the defendant committed the crime in another time even though it

No recognition shall be made (see Supreme Court Decision 2010Do14487, Apr. 28, 201). (b) As shown in this part of the facts charged, each E’s statement, injury diagnosis (Evidence No. 54 pages), etc. are admitted as evidence.

However, in full view of the following circumstances acknowledged by the evidence duly examined by this court, the defendant abused E, and thereby suffered injury as stated in the facts charged.

However, there may be room to view only the evidence submitted by the prosecutor.

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