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(영문) 서울북부지방법원 2014.04.04 2013노1541
폭행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal did not assault F as indicated in the facts charged of this case.

2. Determination

A. On October 23, 2012, around 12:00 on October 23, 2012, the Defendant: (a) heard the victim F summoned as a witness with respect to the Defendant’s injury to the first floor toilet located in Seoul Special Metropolitan City, Nowon-gu, the Seoul Northern District Court 2012Kadan695, the Seoul Northern District Court 201Kadan695, stating that “I would like to give testimony when I would like to tell a fake witness in court. I would like to do not have any witness to do so; and (b) I would like to hear the victim’s words “I would like to spread and call any false fact that I would like to know, while I would know it well; and (c) I would like to assault the victim with his head “I see if I am from time to time.”

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

C. The burden of proving the facts charged in a criminal trial for the trial of the trial for the trial of the trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to conclude that the facts charged are true beyond a reasonable doubt by the judge. Therefore, if there is no such evidence, the suspicion of guilt against the defendant is between the defendant and the defendant.

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

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). The Defendant consistently denies the instant facts charged from an investigative agency to a trial.

The evidence consistent with or consistent with the facts charged in the instant case is stated in F, G’s investigation agency, and the court below’s court. However, the following circumstances acknowledged by the record, namely, ① F, investigation agency, and “F in the court below’s trial,” which were assaulted by the Defendant as stated in the facts charged in the instant case before the first floor toilet of the welfare center, and at that time, the head of the welfare hall.

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