The defendant shall be innocent.

On April 15, 2013, the Defendant: (a) around 11:45, the prosecutor of the E company in Busan Metropolitan City, approximately 30 union members dismissed in front of the E company’s office, and the victim F (the age of 34) who was working in the management office was sponsed with the body of the employees, and caused the victim’s sponsing of the union members in two hands to inflict an injury on the victim in need of approximately 7-day medical treatment.

Judgment

1. The gist of the Defendant’s assertion was that the Victim F (hereinafter “victim”) was not closely involved, and even if so, there was such an act.

Even if the injury of the victim is not caused by the act of the defendant.

2. The prosecutor bears the burden of proving the criminal facts prosecuted in a criminal trial for a judgment on the principal offender’s complaint. The conviction of a guilty ought to be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, it is doubtful that the defendant is guilty even if there is no such evidence.

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

I would like to say.

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). According to the evidence, in a situation where the Defendant and the management worker dismissed at the time of the instant case are working for physical fighting, it can be recognized that the Defendant was closely involved in the labor union members in the process of speaking for physical fighting.

Furthermore, in light of the following facts and circumstances acknowledged by the evidence and the evidence, with regard to whether the Defendant’s shoulder part of the victim, as described in the facts charged, and whether the injury of the victim occurred, the Defendant was sealed by the victim’s shoulder, such as the statement in the facts charged, solely with F, G’s investigation agencies and legal statements.

It is difficult to readily conclude that the instant injury was inflicted upon the victim or the victim therefrom, and there is no other evidence to acknowledge it.

(1)