The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to each statement, diagnosis, etc. of the victim in the court below, the investigative agency, etc., the defendant may be found to have inflicted an injury on the victim, but the court below erred in finding the victim not guilty.

The defendant and the victim C(n, 69 years old) in the facts charged are dead money.

around 14:00 on January 14, 2014, at the waiting room of the bereaved family in the Yong-dong in Gwangju-gu, Gwangju-gu, the Defendant left the funeral of the Defendant, and the Defendant’s wife, who is the wife of the said D, made the Defendant’s wife in a usual manner, not large to the above D’s territorial affairs, on the ground that the Defendant’s husband’s wife fells, but she left the floor by pushing the victim’s left shoulder, making the Defendant her seat down on the floor by pushing the victim’s left shoulder, and let the victim sit down on the floor for about 2 weeks of treatment.

Judgment

The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have a conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, the doubt of guilt against the defendant is doubtful even if there is no such evidence.

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

(See Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.). The court below and the court below duly adopted and examined the following circumstances, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, i.e., death of D, i., ① the Defendant’s son and the victim’s son, who was the Defendant’s father and the victim’s son, was dead. On January 10, 2014, D’s funeral was performed by the Defendant’s son and four family members, and the victim’s son was fighting. During that process, the victim exceeded the victim, and the victim was diagnosed by the Defendant on January 10, 2014.