상해
The defendant shall be innocent.
1. On January 2, 2016, the Defendant: (a) around 16:00, the Defendant, within the “E-cafeteria” operated by the Victim D (V, 54 years of age) located in Cheongju-si, the Defendant: (b) calculated alcoholic beverages with F, known to ordinary places of view, and attempted to take outside the restaurant; (c) tried to refrain from fighting with the victim and F, while engaging in a dispute with the drinking value problem; and (d) tried to refrain from fighting with the victim and F, the Defendant did not immediately participate in the process and caused the victim’s face on one occasion; and (c) caused the victim to suffer injury, such as “the distribution and loss of the fry iron,” in the number of days of treatment.
2. The summary of the defendant's assertion is only the date and place of the charge, and the body fighting between the victim and F at the time and place of the charge, and there is no fact that the victim's face is taken once by drinking in the process.
3. In a judgment, the facts constituting an offense ought to be established based on strict evidence with probative value, which leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the extent that such conviction would lead to the prosecutor’s conviction, the determination should be based on the Defendant’s benefit even if there was suspicion of guilt, such as contradictory or uncomfortable dismissal of the Defendant’s assertion or defense.
(See Supreme Court Decision 2012Do231 Decided June 28, 2012. In light of such legal principles, evidence of the facts charged in the instant case lies in the police and legal statement of the victim D, and the legal statement of G. However, the following circumstances revealed by the records of the instant case: (a) G was unable to properly state the situation at the time of assault and the developments leading up to assaulting the victim; and (b) some of its statements were contrary to the victim’s statement and the attitude of avoiding the victim’s statement as to some questions.