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(영문) 창원지방법원 2016.07.06 2015노2612
상해
Text

1. The judgment below is reversed.

2. The defendant is not guilty; 3. The defendant shall notify the defendant of the summary of the judgment.

Reasons

1. The gist of the grounds for appeal is that the Defendant merely suffered bodily injury by unilaterally assaulting from E and F, and there was no other injury, such as franchising E or f’s hair, as indicated in the facts charged in this case.

2. Determination

A. On March 17, 2014, the Defendant: (a) around 09:00, at the D Guardhouse located in Syang-si, C around 09:0 on March 17, 2014; (b) at the victim E, F, and C, the Defendant engaged in f, as drinking, the head of the victim F (42 aged) in the process of physical fighting with the victim E, while doing f, at the shift time; (c) f, the victim E (44 years old); (d) the victim E (44 years old); and (d) the victim F, with the f, suffered bodily injury, such as f, f, and so on, the f, which requires medical treatment for about 14 days; and (d) the victim E, with the f, the f, the f, and the f, so on.

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

(c)

1) In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the finding of guilt ought to be based on strict evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, in the absence of such evidence, there is doubt of guilt against the defendant even if there is no such evidence.

Even if there is no choice but to determine the interest of the defendant (see, e.g., Supreme Court Decision 2014Do3163, Jun. 12, 2014). 2), in light of the above legal doctrine, the defendant was unilaterally assaulted by the investigation agency from E and F to the trial court at the investigation agency, and there was no fact that the defendant inflicted bodily injury upon the E head or the F head.

“The instant facts charged are consistently denied, and there is each legal statement and injury diagnosis written by E, F, and G as shown in the facts charged in the instant case.

In this regard, the evidence duly adopted and examined by the court below and the trial court.

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