상해
The defendant shall be innocent.
1. The summary of the facts charged was around 08:00 on December 16, 2014, the Defendant, at the E-university 313, where the Defendant in Gwanak-gu in Seoul Special Metropolitan City, left a boom in the 313th floor roof of the E-university where the Defendant was working as a street cleaners, and the victim F (V, 53 years old), who was a workplace, was boomed in the public use, followed by the Defendant, and the victim's chest was pushed down by the victim's chest, caused the victim's rear water to go off from the back side of the floor, thereby causing the victim's injury on the number of days of treatment.
2. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.
(see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). Among the evidence submitted by the prosecutor, there are evidence that conforms to the facts charged, there are witness F’s statement, F’s statement in the police interrogation protocol against the accused, F’s statement, F’s statement, G injury occurrence report based on F’s statement, victim’s photograph, investigation report (119 telephone statement), investigation report (19 employee and telephone call).
However, as a result of a CD (Evidence No. 1)’s reproduction containing a witness H’s legal statement, CCTV video recording image, a photograph (Evidence No. 2), F’s statement is not consistent due to the reversal of his/her statement in a place of violence, assault, etc., the E University 313 rooftop 313 rooftops, the structure of a waiting room, the structure of a waiting room, and the recognition of a standing room that may occur when the upper part of the CD that he/she suffered fell against the bottom of the floor, and the Defendant and F’s statement.