2. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is that the prosecutor bears the burden of proof, and the conviction should 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 to be guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. There is a statement in the victim E and his wife F in each investigation agency and court as evidence showing that the defendant's shoulder was damaged by expanding and destroying them. However, each of the above statements is not a witness of the defendant's shoulder, but it is merely doubtful that the defendant's shoulder was damaged in light of the dispute progress between the defendant and the victim and the defendant's shoulder on the day of this case, and that on the day of this case, the defendant called the victim's house and the victim's shoulder. In full view of the remaining evidence submitted by the prosecutor, it is difficult to view that the defendant was proven to the extent beyond a reasonable doubt that he damaged the shoulder as shown in the facts charged of this case, and there is no other evidence to acknowledge it otherwise.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act and the summary of the judgment is publicly announced pursuant to Article 58(2)