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The judgment of the court below is reversed.
The prosecution of this case is dismissed.
Reasons
1. The main point of the grounds of appeal is that the defendant's act and the injury of the victim should not be ruled out that the defendant's act and the victim's injury could not be caused by other causes, not the case's ditch process, and thus, the court below's judgment convicting the defendant of the facts charged of this case is erroneous in matters of law.
2. Determination
A. On May 31, 2016, at around 06:30 on May 31, 2016, the Defendant: (a) ordered alcohol such as beer and beer, and did not calculate the price normally after drinking; (b) when the Victim D (33 years of age) who was found to be a customer, she was satched with the victim, and carried out satch with the victim, she was sated over the floor by pushing the victim, and she was faced with the head of the victim’s head on the floor; and (c) the victim was faced with the victim’s head on the top of the Standepedped World, which requires approximately two weeks medical treatment.
B. The lower court determined that the Defendant guilty of the facts charged on the ground that according to the victim’s statement in E’s statement, the Defendant was guilty on the ground that the Defendant was able to recognize the fact that the victim was pushed down in the course of franchising with the victim and that the victim was injured as stated in the facts charged.
C. 1) In a criminal trial, the burden of proving the facts constituting an offense charged in the criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is any doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see Supreme Court Decisions 2002Do5662, Dec. 24, 2002; 2006Do1713, May 26, 2006; 2006Do1713, May 26, 2006);