상해
The defendant shall be innocent.
1. On September 22, 2018, at around 01:15, the Defendant: (a) was refused to enter the second floor “C” on the second floor located in Ulsan-gu, Ulsan-gu; and (b) was tried to go up to the second floor through stairs to the said “C”, and (c) was forced to go up to the second floor from the victim D (V, 59 years of age) who is an employee; and (d) caused the victim to go up to the fourth floor of the said “C,” making it difficult for the Defendant to go up to the middle floor of the C.
As a result, the Defendant inflicted an injury on the victim on the salted chills and tensions that need to be treated for about three weeks.
2. Article 307(2) of the Criminal Procedure Act provides that “The recognition of a criminal fact shall reach the degree of proof with no reasonable doubt.”
Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.
In a case where the evidence submitted by the prosecutor alone does not reach the degree of conviction, the determination should be made with the benefit of the defendant even if there is a suspicion of guilt.
(Supreme Court Decision 2016Do21231 Decided October 31, 2017). As evidence conforming to the facts charged in this case, a victim’s statement, injury diagnosis statement, on-site photograph, etc. exists.
However, the following circumstances revealed by the record, namely, ① the Defendant consistently asserted from an investigative agency to this court to the effect that he/she gets out of his/her stairs, and that he/she did not have any other friendly relationship with the victim. ② The victim stated at an investigative agency on October 5, 2018, when the first statement was made by the investigative agency on October 21, 2018, that he/she came out to go out of the stairs, but at the time of the first statement by the investigative agency on October 21, 2018, the Defendant was in his/her hands over. < Amended by Act No. 15030, Oct. 21, 2018>