2. Although the victim’s statement is flexible as evidence consistent with the facts charged in the instant case, considering the following circumstances revealed in the record, it is difficult to believe the victim’s statement as it is, and the evidence submitted by the prosecutor alone was proven without any reasonable doubt.

shall not be deemed to exist.

(1) At the time of the preparation of the first written statement (OO. 25) there is an entry by the defendant that the defendant strokes the stroke.

하였으나, 경찰 진술조사 당시 (11. 4. )에는 피고인이 난로를 찼는지 쓰러졌는지 정확하게 모른다면서도 발로 찬 사실에 대하여 항의한 적은 있다고

At the time of the prosecutor's investigation (12. 26.), the prosecutor stated that the dysia reason was bad, and that the court did not memory but only sound that the dysia fell off.

statement is made.

이 사건의 발단이 된 난로에 관하여 피고인이 난로를 발로 찼다고

If the statement in the initial statement is true, it appears that the memory would not be an issue, but the reason why the statement was changed is not a question.

In addition, the victim made a statement to the effect that the defendant was pushed down with the floor of hand, but there is doubt about credibility because the statement was changed as to which hand the defendant was pushed down, and that the shoulder was not accurately memoryed at the time of assaulting the shoulder.

② After the occurrence of the case, the victim seems to have been issued a medical certificate of injury at his/her low time during the police investigation process.