상해
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Although the defendant did not inflict an injury upon the victim's arms, the summary of the grounds for appeal did not err by misapprehending the facts charged in this case and thereby affecting the conclusion of the judgment.
2. Determination:
A. On July 3, 2013, the Defendant: (a) around 22:00, at the front parking lot of a factory located in Sungsung-si, the victim D (the age of 61) did not receive KRW 11,000 from the Defendant; and (b) was faced by the victim; (c) on the part of the victim, the Defendant inflicted injury on the victim, such as fluoral salt and tension in need of medical treatment for about 14 days, by hand.
B. The lower court found the Defendant guilty of the instant facts charged by compiling the admitted evidence.
C. 1) The facts charged in a criminal trial should be proven by the prosecutor, and the judge should find the defendant guilty with evidence of probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it shall be determined with the defendant's interest (see, e.g., Supreme Court Decision 2005Do767, Apr. 15, 2005). 2) The defendant denies the facts charged in this case by asserting that there is no fact that the victim's arms were sold by the victim, which corresponds to the facts charged in this case. As evidence consistent with the facts charged in this case, there is each statement, accusation, and injury diagnosis report (see, e.g., Supreme Court Decision 2005Do767, Apr. 15,
However, according to the record, D purchased blue and blue from the Defendant on July 3, 2013 and made payment as a matter of time, and D was subject to fraud and intimidation from the Defendant.