2. Determination

가. 이 사건 공소사실의 요지 피고인은 2016. 2. 5. 15:30 경 순천시 C에서 채무 변제를 요구하며 집에 들어오려고 하는 피해자 D을 가로막으며 손으로 피해자의 멱살을 잡고, 발로 피해자의 복부를 4회, 허벅지를 1회 찼다.

As a result, the defendant suffered multiple gamblings that require treatment for about 14 days.

B. The lower court determined as follows, comprehensively taking account of the following circumstances, i.e., the evidence admitted by the lower court, i.e., ① sought to enter the Defendant’s house without any prior contact to find the Defendant’s husband on the day of the instant case, and the Defendant sought to report to the police box; the Defendant, who attempted to report to the police box, exercised active violence, such as cutting the breath or cutting the breath, etc., in a way that the Defendant’s use of force, and (ii) it was difficult to see that D did not receive special treatment on the part of the Defendant’s injury after the instant case, as it is difficult to believe that the statements made at the lower court court’s court and investigation agency, which corresponds to the instant facts charged, and the remainder of the evidence submitted by the prosecutor alone, alone, was proven to the extent that there is no reasonable doubt.

Inasmuch as it is difficult to view it and there is no other evidence to acknowledge it, the Defendant acquitted the instant charges.

(c)

Examining the above facts in light of the records of the above deliberation, we agree with the judgment below's finding and determination of facts, and there is an error of law by mistake of facts as alleged by the prosecutor in the judgment below.

(2).