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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The summary of the grounds for appeal is smaller than that of the victim C in the course of a dispute between the victim C and his/her head. However, the victim's face is not taken, and there is no fact that he/she caused spatitual spatitus, etc. to the victim.
2. Determination
A. A. The summary of the facts charged (the initial facts charged by the prosecutor added the ancillary facts at the trial, which led to the primary facts charged) on February 6, 2013, the Defendant: (a) around 23:40 on the ground that, around 23:40 on February 6, 2013, the victim C (30 years of age) who was divingd while waiting the subway for returning home to Korea, was able to find out the victim C (30 years of age) who was locked in the bench while waiting for the subway after completing work hours and a meeting within the platform of the 140 subway-ro 2, Jung-gu, Seoul, Seoul, and the victim’s face at one time, and the victim’s head was frighted for approximately three weeks in order to get her home returned to Korea.
B. The lower court found the victim guilty of the above facts charged by using the victim’s legal statement, injury diagnosis report, etc. as evidence.
C. The facts constituting an offense prosecuted in a criminal trial for a trial at the trial of a political party must be proven by the prosecutor, and the judge should admit the guilty with evidence having probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the determination shall be made with the benefit of the defendant.
(See Supreme Court Decision 2003Do3455 delivered on September 2, 2003, Supreme Court Decision 2005Do767 delivered on April 15, 2005, etc.). The victim's statement in the court below is the police or the court below's decision, as evidence to prove that the cruba, etc. suffered by the victim was caused by the defendant's act.