The defendant shall be innocent.

1. On March 4, 2013, at around 20:54, the Defendant: (a) 20:54, in the stairs of the Diplomatic Association in Ansan-si, the victim E was living in the monthly library of the above church; and (b) in committing assault, such as flabing and shakeing the Defendant’s flab, etc. on the ground that he did not pay a monthly salary, and was committing a flabing, etc.; and (c) suffered injury, such as flabing, etc., in need of treatment for about 28 days, on the part of the victim, on the part of the head.

2. Determination

가. 피고인 및 변호인의 주장 피고인과 변호인은, 피해자가 피고인의 멱살을 잡고 끌어내리는 과정에서, 피고인이 발을 헛딛으며 머리로 피해자의 얼굴에 부딪히거나 또는 피해자가 스스로 넘어져 위 공소사실과 같은 상해를 입었을 뿐, 피고인이 고의로 피해자의 얼굴을 들이받은 적이 없다고 주장한다.

B. The prosecutor presents evidence that there is a crime in a mistake of judgment or criminal procedure, and even if the change of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant due to such reason. The proof of criminal facts must have a judge acquire high probability to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, it is doubtful that the defendant is guilty even if there is no evidence to establish such a degree.

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

(see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). In this case, the victim and F’s investigative agency and this court have made a statement as follows: (a) the following facts and circumstances acknowledged by the record are as follows, namely, ① the defendant's denial of a pastor of the above D church and the victim's right to know in front of the second floor church of the above church as a problem such as a fraction, etc.