1. 공소사실의 요지 피고인은 2017. 6. 8. 01:43 경 구미시 B에 있는 피고인의 주거지에서 배우자인 피해자와 서로 다툰 후 위 주거지를 나와 주차장에 있던 차량에서 잠을 잔 후, 같은 날 10:40 경 다시 위 주거지로 들어갔다가, 피해자가 피고인의 컴퓨터 모니터와 노트북 등을 부숴 놓은 것을 보고 화가 나, 피해자의 휴대 전화기를 빼앗아 부술 생각으로 피해자와 서로 몸싸움을 하며 실랑이를 하던 중 이에 저항하는 피해자를 밀쳐 뒤로 넘어지게 하였다.

As a result, the Defendant suffered injury to the victim due to the injury of a blood relative under the part of an external wound with no open address in which the number of days of treatment can not be known, and this led to the need for the support of others when the victim takes daily life by failing to walk independently from the right side at the convenience of the horse and performing daily life.

Accordingly, the defendant committed violence to the victim and suffered serious injury.

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads to a judge to have the degree of uncompetence that may not have any reasonable doubt. Therefore, in a case where the prosecutor’s proof does not reach the extent of undermining the sufficient conviction, even if there are circumstances, such as the defendant’s assertion, statement, and vindication, and suspicion of guilt are inconsistent or unreasonable (see, e.g., Supreme Court Decision 2017Do1549, May 30, 2017). Determination of the credibility of a confession of the defendant should be made based on the benefit of the defendant, even if there are circumstances, such as the defendant’s assertion, statement, and vindication, and suspicion of guilt, etc.

Second, what is the motive or reason of the confession, and what is the circumstance leading to the confession, and third, there is no conflict or contradiction with the confession among the circumstantial evidence other than the confession.

The decision should be made in consideration of the fact that it is to be made (Supreme Court Decision 9 delivered on September 13, 1983).