폭행
The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
1. Around 20:20 on June 17, 2017, the Defendant assaulted the victim E (the 34 years of age) and the air conditioner temperature control that took place due to the victim E (the 34 years of age) who was seated in the fourth floor of the D Hospital located in Gwangju North-gu, Gwangju, and the victim’s desire to have a dispute, and the victim’s face was frightened.
2. Determination
A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. 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.
B. In full view of the following circumstances, the evidence presented by the prosecution alone, as stated in the facts charged in the instant case, has been proved to the extent that it is beyond a reasonable doubt that the Defendant abused the victim.
It is difficult to see it.
1) The facts charged of the instant case reveal that “the Defendant committed assault, i.e., assaulting the victim by taking the victim’s desire and taking the victim’s face, and committing assaulting the victim by drinking.”
It is difficult to view that the act of taking such a bath or drinking alone constitutes a “Assault” under the Criminal Act, and such an act can be evaluated as a “Assault” under the Criminal Act only by combining the act of taking the victim’s face with the act of taking the air-conditioner.
Therefore, we examine whether there is "the defendant's consent to the victim's face".
2) The primary evidence corresponding thereto is a statement made by the injured party in an investigative agency and in this Court.
In this regard, the following circumstances shall be taken into account: