On August 30, 2019, the Defendant, at around 13:44, transferred the victimized child to E “E” team from the above D “D” team, divided the two parts into the right and the part on the part of the victimized child by hand on the ground that the victimized child continues to be locked without being locked.

As a result, the defendant committed physical abuse that may injure the body of the victimized child or harm the health and development of the body.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2009Do1151 Decided July 22, 2010). B.

In light of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court, the evidence alone submitted by the prosecutor is insufficient to acknowledge the above charges, and there is no other evidence to acknowledge them.

① Around August 30, 2019, when the Defendant moves a child victim from G to E team, when the child victim takes part in E team, the overall circumstances related to the above facts charged, such as the form of the Defendant and the child victim, and the face from E team, are taken by CCTV.

Even if the CCTV images are examined, it is not confirmed that the defendant can see the right side of the victimized child by his/her hand and the part of the CCTV images.

Of course, CCTV images are taken by the defendant with the appearance of the defendant, and the defendant is against the victim.