상해
The defendant shall be innocent.
1. 공소사실의 요지 피고인은 2014. 8. 21. 02:00경 전남 진도군 C에 있는 피고인의 주거지에서 피고인의 고종사촌 동생인 피해자 D(54세)과 대화를 하던 중 피해자가 수박껍질을 마당 잔디밭으로 던지는 것을 보고 “야이 새끼야, 공무원 했다는 놈이 분리수거도 모르냐, 도시 살면 다 그러냐”라고 피해자에게 말하였다가 이에 화가 난 피해자가 옆에 있던 소주병을 바닥에 집어 던져 깨뜨렸다는 이유로 피해자의 몸을 잡고 바닥에 넘어뜨리고 발로 피해자의 복부를 수회 걷어 찼다.
As a result, the defendant injured the victim of approximately 21 days of medical treatment, such as diversical diversical diversity damage.
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 full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court as to the instant case, the evidence alone submitted by the prosecutor is insufficient to deem that the instant facts charged were proven beyond reasonable doubt, and there is no other evidence to acknowledge this otherwise.
(1) D made a statement at an investigative agency that he/she suffered an injury, such as mining damage, by assaulting a defendant from the defendant.
However, even if D had repeated demands of investigative agencies, it was avoided the examination by the defendant, and the content of text messages sent by D's wife only requested medical expenses, and it was also caused by the defendant's act.