Text
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged in the instant case is that the Defendant: (a) before the business center in Gwangju-gu, Gwangju-gu, on August 14, 2017, the Defendant: (b) stated that the victim C had his wife photographed a cell phone screen image on the ground that the victim’s work and night slance is slick; (c) the victim demanded the victim’s wife to take the screen image without permission; and (d) the Defendant obstructed the Defendant’s body part of the victim’s body one time by hand while blocking the Defendant’s wife; and (c) thereby, the victim’s new hos of a highly honded hos exceed the floor and suffered a base of the right-hand part of the victim’s body that requires treatment for about two weeks.
2. The defendant and his defense counsel asserted that there was no fact that C was pushed down at the above date, time, and place.
The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction should be based on the evidence with probative value that leads the judge to feel true, beyond reasonable doubt. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2017Do2697, May 11, 2017). In light of such legal principles, there is a cell phone image image, where the statement of C and the body of the defendant's arms are recorded as evidence that seem to correspond to the facts charged in the instant case.
However, in light of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court, the facts charged in the instant case, which the Defendant inflicted bodily injury upon C solely by the evidence submitted by the prosecutor, was proven beyond a reasonable doubt.
It is difficult to see it.
(a) The image recorded on the cell phone is recorded with a face where the Defendant’s arms move rapidly above left and left.