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. The summary of the grounds of appeal is difficult to deem that the Defendant, by pushing the victim, sustained the victim’s injury “influences, tensions, etc. of the bones of wood” as indicated in the facts charged of this case (hereinafter “the instant injury”), or there is no proximate causal relation between the Defendant’s act that allowed the victim to contact his chest and the injury of the victim.
2. Determination on the grounds for appeal
A. On November 16, 2010, the Defendant: (a) following the D located in Yong-gun C on the 10:30 on November 16, 2010, the facts charged, the Defendant: (b) the Victim E, a public employee of the Republic of Korea, and the strong garbage at the river of the Republic of Korea, had been promptly left by the victim while performing public work but the victim did not answer; (c) the sounder again, “I am home in this dog, she was fried, she was fried, she was fried, she was fried, she would be fried if she was fried, she would be fried, if she was fried, she would be fried, and sound; and (d) the Defendant sated the face to the face of the Defendant, who was satched with the victim’s chest by hand, thereby leaving the victim’s chest, and tensioned the tension for three weeks.
B. The lower court found the Defendant guilty of the instant facts charged based on the duly adopted evidence.
C. 1) The prosecutor bears the burden of proving the facts constituting an offense charged in a criminal trial, and the recognition of conviction ought to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it as the defendant's interest (see Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2010Do9633, Nov. 11, 2010).