The defendant shall be innocent.

A. Although the Defendant did not assault C, the lower court found the Defendant guilty of the facts charged in this case, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is a guest who tried to use a taxi, and the victim C is a taxi engineer.

On November 24, 2014, around 23:10 on November 24, 2014, the Defendant engaged in a dispute with the victim C (47 years of age) and the taxi fee in front of the mountain basin in Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 28-ro, and assaulted the victim's left shoulder by drinking.

B. The lower court found the Defendant guilty of the instant facts charged based on the evidence in its holding.

(c)

The (i) In a criminal trial, the burden of proving the facts constituting an offense charged in the criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value that leads the judge to feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is any doubt as to the defendant’s guilt, it shall be determined in the interest of the defendant (see, e.g., Supreme Court Decision 2013Do10316, Jan. 16, 2014). However, in full view of the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the lower court, the facts charged in the instant case are proven to the extent that there is no reasonable doubt.

It is difficult to see it.

① Since the accident of this case occurred, the Defendant consistently states that he did not assault C, and ② the only evidence that corresponds to the facts charged of this case is the only evidence of C, and it is difficult to believe C’s statement in light of the following points.

- Even by the statement made by C, the Defendant was at the time.