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The defendant shall be innocent.
Reasons
1. On April 2, 2011, the Defendant: (a) at his own house located in Suwon-gu Busan Metropolitan City, on April 13:00, the Defendant found the victim D (n, 76 years of age), followed by the Defendant’s removal, and returned the victim’s disuse; and (b) laid down only the envelope on the ground that the Defendant’s disposal was carried out by the victim; and (c) the Defendant’s house took back the back part of the victim’s head and the back part of the victim’s chest back and the back part of the victim’s chest back to drinking the victim’s house; and (d) the victim got the victim out of the capital.
As a result, the Defendant brought about the head and sprinkling of the victim in need of treatment for about two weeks.
2. The burden of proof for the criminal facts prosecuted in a criminal trial for a judgment is to be borne by a public prosecutor, and the conviction of guilt is to be based on the evidence with probative value sufficient for a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt against the defendant is between the suspect and the defendant, even
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2002Do6110 Decided February 11, 2003, etc.). In light of the above legal principles, there are witness D's legal statement, D's written accusation, D's written accusation, police statement of D's written accusation, and written diagnosis of injury. Among the above evidence, the above evidence only concerns D's degree of injury, and the defendant cannot be directly proven that such injury caused. In light of the following facts acknowledged by the record, it is difficult to view that D's legal statement, D's written accusation, and police statement of D's written accusation alone are sufficiently proven to the extent that it is beyond reasonable doubt.
The defendant, who is consistent with the investigation agency to this court, is a matter related to the abolition and collection by himself and D.